Police Procedure for Arresting Someone UK – Understand the procedure
It is essential to understand what is correctly and incorrectly when learning how will a police officer pull you over?
Receiving the best available legal advice when you may be charged with a driving offence can be the difference between being found guilty and receiving a heavy fine, driving ban, multiple points and/or a prison sentence, to walking free without charge.
The information below should help you if you find yourself in a situation or being pulled over by police. This advice should start at the police station, and so it’s imperative that you get advice from a specialist driving solicitor as soon as possible.
At Hammond Trotter, we specialise only in Road Traffic Law. Being found guilty of a driving offence can have devastating repercussions for an individual and their family and we provide the best possible representation and achieve excellent, proven results on behalf of you, our much valued clients.
If you are accused of a road traffic offence you would usually receive notification and/or summons in the post. If you have been charged with a drink related driving offence you may have been charged with driving or attempting to drive after consuming so much alcohol that the proportion of it in your breath, blood or urine exceeded the prescribed limit under section 5 of the Road Traffic Act 1988.
Usually you would have then been released without being interviewed.
Undoubtedly however, there are circumstances you may find yourself in that necessitate a police interview and at this point it is absolutely vital that you receive expert legal advice and representation at the police station.
The information that you do or do not provide during your interview can make a huge difference to the outcome of your case.
You can always take advantage of the free legal advice that is available via duty solicitors at the police station. However, these solicitors will usually not have expert experience or knowledge of the law relating to driving offences and road traffic law, and so contacting a specialist means that you are in the best possible hands.
Points to remember
You need to recall as much information as possible about the events of the incident and what happened afterwards, try to remember the actions that you and the police officers that were involved took when you were pulled over by police. You will need to pass all of these details on to your solicitor prior to interview.
In drink driving cases if the custody staff and breathalyzer operator have not completed the procedure correctly it can lead to a court not proceeding with a prosecution, so be aware that giving detailed information is vital for a solicitor at the time of the charge.
Most straightforward convictions for driving under the influence of alcohol require you to provide a sample of breath on a government approved device. The breathalysers in police stations are usually either the Lion Intoxilyzer 6000 or the Intoximeter ECIR.
Once you have provided a sample, if it is above the legal limit of 35 micrograms the Crown has the right to seek a conviction under section 5 RTA 1988 but if your reading is under 40 the Crown Prosecution Service will usually not proceed with the charge.
Having the best police station advice available can ensure that this point is enforced and you’re not charged unnecessarily.
The Stages of the Police Interview
It is important that any communication you have with a police officer takes place in the presence of a solicitor. There are three stages to the police interview process as follows:
Disclosure. At this point the police will often disclose information about the allegation to your solicitor and you will not be present for this. The police are not obliged to inform your solicitor of any information that may have been obtained from witness statements.
A good, specialist solicitor will question the police at this stage to gather as much information as possible prior to your formal interview (stage 3). The solicitor will then advise you as to what comments you should make during the interview, if any at all.
Time with your solicitor. You will now be allowed time alone with your solicitor in a private room. You will be able to have a confidential discussion regarding your plea and the information that the solicitor has gathered. Your solicitor will advise on the best way to progress during the recorded interview and whether it would be best practice to make no comment at all.
The interview. This will be a recorded conversation between you and one or two police officers, where your solicitor will also be present. You will be advised that the interview can be used in a court and that you have a legal right to silence. You have every right to make no comment, answer the questions or provide a prepared statement that outlines your defence.
A good solicitor will advise you of the best option for you in the circumstances.
Following your interview you will be either formally charged and taken to a magistrate’s court or released to attend a magistrates court at a given appointment. You could also be bailed pending further enquiries and released. The best outcome, of course, is that the case is dropped and you are released without charge, and our expert solicitors will always work to achieve this.
The importance of Expert Legal Advice
Road traffic law is complex and requires specialist and in-depth knowledge. Being pulled over by police, taken or held at a police station can be a frightening and overwhelming experience and the events that occur whilst there can have drastic, life changing consequences for you. The difference that the presence of an experienced solicitor can make cannot be underestimated.
Do not risk your future