Drivers who challenge speeding fines should be made to pay their legal bills even if they win their case, ministers said yesterday.
The proposal would see successful defendants lose their century-old right to claim back their costs.
A change in the law would affect many of the 1.7million drivers a year who take their cases to court.
Ministers are proposing that defendants lose their century-old right to claim back their legal costs.
It costs around £1,500 to fight charges of speeding, illegal parking and other motoring offences.
Motoring groups and lawyers said the proposal was a breach of fundamental legal principles.
Edmund King, president of the AA, said: ‘This is against the common law and against the common man. If you prove your innocence you shouldn’t have to pay for it.’
Ian Kelcey, head of the Law Society’s criminal law committee, called the scheme a disgrace.
He added: ‘This means that an awful lot of people will not be able to get a fair trial. They will not be able to get a proper defence.’
The proposal comes in a consultation paper published by Jack Straw’s Ministry of Justice. It says those before magistrates on minor charges should defend themselves.
Lord Bach, a junior minister, likened those who use lawyers in lower courts to parents who pay for private education.
He said: ‘Just as an individual who chooses to put their child through private education does not reclaim this cost from the education system, nor should public funding recompense those who choose to pay privately for a lawyer when a publicly-funded alternative is available.’
The consultation paper is among a series aimed at cutting court costs and trimming the £2billion-a-year legal aid budget.
Currently a driver who wishes to challenge a minor motoring charge in a magistrates court is denied legal aid unless they are on a very modest income.
But they can hire a lawyer and claim back the cost if cleared.
Ministers want to withdraw this right, arguing that defendants do not need lawyers and can turn to court clerks for advice.
Under the proposals, Crown Court defendants will still be entitled defence lawyers on legal aid. But if they hire their own, more expensive, lawyers ministers say they should not be able to claim the full cost back if they win.
The Government is seeking to shrink the £60million Central Funds budget, which reimburses successful defendants. It is thought that ending costs payments for innocent drivers will save £5million.
The ministry’s consultation paper said: ‘In these straightforward cases, defence representation is not a requirement for an individual.
‘Magistrates courts are traditionally set up to deal with litigants in person and have qualified legal advisers who can and do assist litigants in person.’
Mr King said the changes would not hurt the wealthy but those on middle incomes.
He added: ‘You should be innocent until you are proven guilty, and if you prove your innocence you should not have to pay for it.’
Jeanette Miller, of Geoffrey Miller, a leading motoring law firm, said: ‘To do away with costs in these cases appears to go against the interests of justice.
‘People will not be able to afford lawyers, particularly specialist lawyers who
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