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Seeking Legal Representation for A Motoring Offence

By: Jack Claridge - Updated: 28 Feb 2014 | comments*Discuss
 
Legal Representation Fixed Penalty

If you have been arrested and charged with a motoring offence of considerable seriousness, you may find that you will need to seek legal representation.

For many less serious offences the police will issue you with a Fixed Penalty Notice (commonly known as a ticket) and you have an allotted period of time to pay the fine. You may also have a designated number of points (depending on the offence) allocated to your driver’s licence which you must send to the DVLA (Driver and Vehicle Licensing Agency) to have added to your licence.

These penalty points will remain on your licence for a set period of time after which it is your responsibility to return the licence to the DVLA (Driver and Vehicle Licensing Agency)to get them removed.

What Happens if I am Arrested?

If you are arrested it will normally be on suspicion of committing a serious motoring offence. The police officer must prove the offence was committed before they can charge you. For this reason you will be cautioned and arrested. You will then be taken to the nearest police station where you will be interviewed and subsequently charged if there is sufficient evidence or indeed if you admit to having committed the offence in question.

At this point you will be asked if you wish to have legal representation made on your behalf. If you do, you will be asked for the name and contact details of your solicitor or you given the opportunity to avail yourself of the services of a duty solicitor.

Whichever option you choose you have the right to refuse to be interviewed until such time as your legal representation arrives. If you decline to have a solicitor present then you can be interviewed as soon as it is possible to do so.

If you have been arrested on suspicion of Drink Driving or an offence relating to the consumption of alcohol (you will have been submitted to the necessary tests) then the duty officer may decide that you are to be held until deemed free of alcohol so that you can be interviewed without fear of the interview being prejudiced.

The Duty Solicitor

The Duty Solicitor is an independent solicitor who works on behalf of those individuals who do not have their own legal representation. He or she may take some time in getting to you so if you do not have your own legal representation you should prepare yourself for a wait.

Once they have arrived they will discuss with you in private the nature of and reasons behind your arrest and will ask you how you wish to proceed. If you want to plead guilty of the offence then the duty solicitor will make this known to the duty officer etc.

You will be interviewed – under caution – in the presence of your solicitor and the interview will be recorded. Your solicitor may request copies of both tape and written statement in order to prepare your case for court.

Being Remanded on Police Bail

You will generally be offered police bail but this not guaranteed. If the duty officer feels there are sufficient grounds to believe you may abscond or commit a similar offence on bail he may decline at which point you will be held in police custody until a hearing can be arranged.

Going to Court

You can – if you so wish – decide not to use the services of the duty solicitor when the matter comes to court. You may employ the services of your own legal counsel if you can afford them. However it may be best to allow the duty solicitor to continue acting on your behalf given that he or she is already familiar with the nature of the arrest and the offence.

Whatever the circumstances of the offence and your subsequent arrest you should engage the services of legal representation if you are not one hundred per cent happy with the charge or if you feel that you are innocent of the charges brought against you.

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where can i find out how long my driving ban is ?
daniel - 28-Feb-14 @ 8:44 AM
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