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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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I have been asked to go and speak to the local police about

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I have been asked to go and speak to the local police about a road rage incident that was caught on a dash cam. Do I need to take a solicitor in with me?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are you said to have done?
Customer: replied 1 year ago.

A car registered to my business has been filmed deliberately pulling in front of and slowing down a van for a couple of miles whilst the driver uses hand gestures to signal his dissatisfaction with the van driver. I was the driver at the time but have not confirmed this as yet. So far I have been written to and asked for further information i.e. who was driving. I have said I'm not sure as it is a company car. They now say they have footage of the incident and would like me to go to local police station to talk about it. So right now they don't have clarity on who the driver actually is although if they can identify the back of my bald head they might? My defence??? Is that this guy pulled out on me whilst using his phone which is why I lost the plot and started the road rage but thats not really a defence is it? Its the reason why i did what I did but 2 wrongs don't make a right so I am trying to determine if I can wriggle out of this from the start or do I go in fess up and face a possible 3 points and a fine? Thanks for your time

Customer: replied 1 year ago.

Sorry can you confirm if you are replying?

Expert:  Jo C. replied 1 year ago.
Is it just driving slowly in front of him or was there braking as well in front of him?
Customer: replied 1 year ago.

Braking... I properly slowed him down! I wanted to kill him at the time :-)

Expert:  Jo C. replied 1 year ago.
Ok. I presume you have no previous convictions?
Customer: replied 1 year ago.

3 points for doing 70mph whilst towing (10mph over). 18 months ago

Expert:  Jo C. replied 1 year ago.
This is always a difficult situation as I haven't seen the evidence.
They have to prove that you were the driver. You cannot lie in the course of a criminal investigation but you can remain silent. They can always use S172 to force from you the name of the driver and not providing it is failing to identify which carries 6 points and a fine.
If you do go in for interview though then it should probably be a no comment interview as you cannot raise a defence. I have to say I would be quite surprised if they start doing ID parades over this and anyway whether he could identify you is another matter. A bald head alone is not the best identification even if coupled with driving a car to which you have access.
The only time you should be confessing to offences in police interview is when the evidence is overwhelming and a caution is available. That is not likely in this case as they cannot add points to your licence so I would not suggest it although obviously follow the advice of your solicitor.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thanks Jo I don't have a solicitor thats why I am using this service. Can you clarify your last paragraph a little please, then I'll leave you in peace. "they cannot add points on your licence"? They can can't they?

Expert:  Jo C. replied 1 year ago.
The police can't.
Only a court can do that.
They can give you a fixed penalty but that is administratively stamped by a court.
They can't add points at the time of a caution.
You might get legal aid for a solicitor to attend the police station with you. It isnt' actually that expensive to pay privately.
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