'legal' hints or advice needed
Discussion
following my small indiscretion 3 weeks ago(details on previous threads) I have been 'asked' to provide more info to the local constabulary. The main problem being that it will be 'under caution'. I believe their aim to be driving without due care aimed in my direction. This is my first foray with PLOD, and was wondering if it is worth having a legal rep present whilst the interview takes place, or wait for a decision to proceed with charges. No independent witnesses available, only 3rd party and me. BUT I remember nothing about the event, so it is unlikely that I will incriminate myself, as I have no idea of what went on.
So, is it worth having a brief there or not? does anyone have any similar experiences or thoughts.
TA.
So, is it worth having a brief there or not? does anyone have any similar experiences or thoughts.
TA.
IMHO it's 100% necessary for you to have an experienced solicitor with you during the interview. I highly suggest you go find one ASAP if you haven't already done so - if you need help locating a suitable firm who deal with road traffic or criminal work in your area, contact the Law Society.
The interview will form part of the Police investigation, and therefore potentially the evidence against you, along with the witness statements and expert reports. FYI, once thats complete, the case file will be referred to the CPS who will advise as to the appropriate charge (if any). They could look at anything from, I guess, "careless driving" to "driving without due care", or even "dangerous driving". Each has a slightly different evidential requirement which must be fulfilled for a successful prosecution.
I think you would be well advised to get some professional help, who will look after you and your interests both in the interview and thereafter.
Hope this helps
[k]
The interview will form part of the Police investigation, and therefore potentially the evidence against you, along with the witness statements and expert reports. FYI, once thats complete, the case file will be referred to the CPS who will advise as to the appropriate charge (if any). They could look at anything from, I guess, "careless driving" to "driving without due care", or even "dangerous driving". Each has a slightly different evidential requirement which must be fulfilled for a successful prosecution.
I think you would be well advised to get some professional help, who will look after you and your interests both in the interview and thereafter.
Hope this helps
[k]
same happened to me a few years ago, plod came round to interview me at home. 3rd party had reported me for racing on the motorway. i could not remember the event so it must have been exageration. i asked a friend cop afterwards what would happen, he said not a lot as they need two independent witnesses to pursue it, if they can be bothered. i didn't see your thread but i feel you are fairly safe.
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