Motoring Lawyers in Birmingham
Our specialists solicitors and barristers are experts in the motoring field of law. From representing clients fighting a Speeding offence too clients who are prosecuted of causing Death by Careless Driving.
If you are facing prosecution for a Motoring Offence in Birmingham, call our specialist motoring lawyers on 0345 222 9955. Alternatively if you complete our Contact Form at the bottom of this page then one of our highly skilled and experienced lawyers will provide you with an initial case assessment via telephone. We will provide details of how we can assist and a fixed fee for representation of your case.
Kang & Co Solicitors Birmingham
1 Victoria Square
Our Birmingham Office
Our Birmingham Office is centrally and conveniently located in the City Centre at 1 Victoria Square, Birmingham, West Midlands, B1 1BD which is a short walk from New Street Station and The Mailbox.
Our solicitors, barristers and lawyers represent motorists for the complete range of driving offences throughout England and Wales and we also have offices at 5 Chancery Lane, London and in Milton Keynes.
Best Rated Motoring Lawyers in Birmingham
Due to our skill and expertise in successfully defending motorists throughout Birmingham, we are regarded as one of the top ranked driving offence solicitors in Birmingham and the rest of the West Midlands.
Our solicitors are dedicated towards providing our clients with the best possible chance of a successful outcome and we frequently receive 5 Star Reviews and positive feedback from our clients on Google Reviews, Trustpilot and Yell.
If you are at risk of receiving a driving ban, contact our lawyers to find out the options available and how we can assist.
What Our Lawyers Offer
- Initial Telephone Assessment: We offer our potential clients an initial free no obligation assessment over the telephone. This enables us to determine whether you require a solicitor, it provides us with an opportunity to explain how we can make a difference and enables us to provide a fixed fee for representation at Court or the Police Station.
- Only Qualified Lawyers: We understand the importance of retaining your driving licence and the repercussions of a driving ban. We only have qualified lawyers that are experienced at providing a motoring defence working on client files.
- Clear Legal Costs: We are clear with our legal costs, offering fixed fee services so that our clients know exactly what they are paying for and how much it will cost.
- Face to Face Meetings: Unlike many law firms that will only deal with your entire case over the phone, we provide all of our clients with face to face meetings at our offices in Birmingham City Centre, this enables us to properly prepare the case and understand the individual needs of each client.
- First Class Service: We will give you our expert advice and first-rate representation. We shall endeavour to leave no stone unturned so that you have the best possible chance at achieving the most positive outcome.
Funding A Motoring Prosecution
Public Funding (Legal Aid) is not available for most Driving prosecutions, therefore, most motoring crimes are funded on a private fee-paying basis. We have the best legal practitioners who can be instructed on an hourly rate basis, or alternatively on a fixed-fee arrangement. Our fixed fees for a motoring defence listed before Birmingham Magistrates’ Court start from £1,000+VAT. This fee will usually cover a full assessment of your case, consider the evidence in your case, one meeting (in person or via telephone) legal advice, a case strategy and representation at one Magistrates’ Court Hearing or Voluntary Interview Under Caution (PACE Interview).
The Fixed Fee for each case is set on an individual case basis and is determined upon:
- The number of offences on the Charge Sheet / Postal Requisition
- The seriousness of the offence
- The complexity of the case
- The Court your case is listed before
- The amount of time we have to prepare your case
If you would like to know the exact fixed fee for your case, please call one of our experienced motoring lawyers and we can provide you with a tailored to your individual account price.
We pride ourselves on providing honest, practical and robust legal advice to all our clients, which frequently results in positive feedback such as:
“Excellent service. Would recommend them.” – Rosie Paul
“The location of Kang and Co Solicitors is perfect for clients travelling from outside of Birmingham because it is only a stone’s throw away from New Street Station. Manjinder is a highly experienced and skilled solicitor and takes the time to get to know his clients. He is the person to go to if you have a road traffic offence matter because there are not many specialists in this area.” – Rishii
“Kang and Co Solicitors were EXCELLENT & couldn’t have wished for a better result. I would HIGHLY recommend this company to everyone. Thank you Kang & Co Solicitors for doing such a wonderful job for me.” – Caz
“Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.” – Dr. Lotsu
“Friendly and professional solicitors that keep in regular contact throughout my case, agreed a fixed fee for representation at interview and for court trial. Very professional throughout my case and court hearing. Highly recommended. Great work.” – Andy Mullan
Below you will find a selection of case studies from some most recent driving cases of which we were appointed to represent a client.
Speeding Offence Lawyers
Our specialist Speeding Offence Solicitors and Barristers have obtained excellent results at defending motorists at the Magistrates’ Court that have received a postal requisition or summons to attend Birmingham Magistrates’ Court. If you are being investigated or are potentially facing a driving prosecution for speeding, call our specialist solicitors on 0345 222 9955 or send us a message via our Contact Form at the bottom of this page for a Initial Telephone Assessment regarding your alleged speeding offence.
Drivers that do not obtain legal advice for a speeding offence could receive unnecessary penalty points on their driving licence and in certain situations a driving ban, either due to the high speed or the accumulation of 12 or more penalty points. If a motorist is facing a prosecution for significantly exceeding the speed limit, they may also face a prosecution for dangerous driving.
If you face the possibility of a totting up driving ban (Penalty Points Disqualification), our expert driving offence solicitors are available to offer you the right legal advice. You need to try and avoid a driving disqualification. Our solicitors have many years of experience in representing clients for totting-up and can advance Exceptional Hardship Arguments to avoid you receiving a lengthy driving disqualification.
Totting-Up occurs when a motorist accumulates (or will accumulate) 12 or more active penalty points on their driving licence within a period of 3 years. Once the Court becomes aware that a motorist will reach 12 or more active penalty points as a result of a new motoring offence, the Court will Summons the driver to attend a Court Hearing to impose a driving ban of at least 6 months.
An example of this would be a motorist that already has 9 penalty points on their driving licence and then receives a Notice of Intended Prosecution (NIP) for a further motoring offence such as speeding. In such circumstances the motorist would be called upon to attend Court for a driving disqualification, because the new offence of speeding will result in a total of 12 or more active penalty points.
If a motorist has previously been disqualified from driving for more than 56 days within the past three years, the Court will impose a driving ban of at least 12 months.
In cases of Totting-Up a motorist is open to make an ‘Exceptional Hardship’ application to avoid a driving ban.
Exceptional Hardship Arguments
A case for Exceptional Hardship can be made when a motorist is facing a driving disqualification as a result of Totting-Up.
Exceptional Hardship Arguments are used if a motorist would suffer hardship which is above and beyond the hardship an ordinary motorist would receive as a result of a driving ban.
If you are considering making an application for Exceptional Hardship, appointing an experienced motoring defence lawyer at the earliest opportunity is recommended. This will ensure your case is properly prepared before attending Court and the argument is properly advanced to the Court with appropriate supporting case law, legislation and evidence. Legal representation will provide you with the best chances of avoiding a driving disqualification.
Examples of grounds could include:
- Loss of employment / income for you or anyone that relies upon you or your business
- Loss of your home as a result of no income
- Damage to your business / income
- Harm / detriment to people that are dependent upon you
If the exceptional hardship argument is prepared with legal skill and submitted properly to the Court, it will take into consideration all your personal and financial circumstances and you will be required to give evidence at Court under oath.
This is a very complex area of law and one in which legal advice should be sought as soon as possible. A successful application will result in the motorist still receiving the points however, the motorist will still be allowed to continue to drive.
Drink Driving Lawyers
It is a criminal offence to drive a mechanically propelled vehicle on a road or public place whilst in excess of the prescribed alcohol limit. At present the legal drink drive limit in breath is 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes of alcohol in 100 millilitres of blood and 107 milligrammes of alcohol per 100 millilitres of urine.
The procedure for drink driving is complex and technical, requiring close attention to detail. If an evidential specimen of breath, blood or urine was not taken properly or the procedure was not fully complied with at the Police Station, this could potentially amount to a defence.
A prosecution for Drink Driving is very serious as a conviction will result in a driving ban of 12 – 36 months. This also comes along with the possibility of a prison sentence of up to 6 months. If a motorist has previously been convicted of drink driving within a 10-year period, a further prosecution will result in a driving ban of 36-60 months. You also have the possibility of a prison sentence of up to 6 months.
The sentence imposed by the Court will depend upon the alcohol reading and the seriousness of the offence.
The consequences of a drink driving conviction can be completely life-changing and therefore you should seek expert legal advice well in advance of attending your Magistrates’ Court Hearing.
Failing to Provide A Specimen for Analysis
If the Police suspect that a person is driving or in charge of a vehicle whilst under the influence of alcohol or drugs, that person can be lawfully required to provide a specimen of blood, breath or urine during a Police investigation. This is to determine whether that person has committed an offence under Section 4 or Section 5 of the Road Traffic Act 1988 (Drink Driving / Drunk in Charge)
The offence of Failing to Provide a Specimen for Analysis is committed if that person, without reasonable excuse, fails to provide a specimen when required to do so in accordance with Section 7 Road Traffic Act 1988.
This driving offence is only committed if a person fails or refuses ‘without reasonable excuse’. If a person is being prosecuted for Failing to Provide a Specimen, there could be a defence of ‘Reasonable Excuse’. If this defence is raised, it is for the prosecution to disprove the ‘reasonable excuse’.
A reasonable excuse will usually be on the grounds of a medical reason however, there are potentially other reasons a person was unable to provide a specimen for analysis.
If a person pleads guilty to this driving offence or is found guilty following a trial, the Magistrates’ Court must disqualify for a minimum of 12 months. The Court also has the power to impose a custodial sentence (prison) for up to 6 months. In addition to the custodial sentence, the court has the power to impose a fine of an unlimited amount and a driving disqualification of up to 36 months on a first-time offender.
Driving Ban Solicitors
A significant number of motoring offences can carry a discretionary or mandatory Driving Ban, not just points and a fine. If you have received a Notice of Intended Prosecutions (NIP) for an offence such as Careless Driving, using a Mobile Phone Whilst Driving or Failing to Provide Driver Details, we highly recommend you seek advice as soon as possible by contacting one of our highly experienced motoring law solicitors on 0345 222 9955.
Birmingham Magistrates Court
The majority of driving offences are heard in the Magistrates Court. If you are alleged to have committed a motoring offence such as Speeding or Drink Driving in or near Birmingham, the likelihood is that your case will be listed before Birmingham Magistrates’ Court.
For your convenience, the contact details for the Magistrates’ Court are:
Birmingham Magistrates’ Court
Victoria Law Courts
If you are due to appear in Court, we recommend that you attend via public transport because if a ban is imposed, it will have immediate effect and you will be committing a further offence if you drive home after your Court Hearing.
If a disqualification is unlikely or you are attending with a friend / family member, there is nearby multi story car parking available at NCP Car Park, Londonderry House, Dalton Street B4 7LX.
Parking is shared for both the Magistrates’ Court and Birmingham Crown Court as they are both closely situated to each other.
Birmingham Crown Court
If you are facing a prosecution for a serious driving offence, such as Causing Death by Careless or Dangerous Driving, your case will initially appear at the Magistrates’ Court however it will then be sent to the Crown Court. Our solicitors are appointed on the full range of offences from driving through a red light to fatal road traffic prosecutions.
For your convenience, the contact details for the Crown Court are:
Queen Elizabeth II Law Courts
1 Newton Street
Local Court Closures
If you are facing prosecution for a driving offence which occurred in Sutton Coldfield or Solihull, your case will be heard before Birmingham Magistrates’ Court. This is because the Magistrates’ Courts in Solihull and Sutton Coldfield have been closed now for the past few years and cases which would have been heard at those local Courts are now transferred to Birmingham Magistrates’ Court
Interesting Legal Reads
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