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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience:  Over 5 years in practice
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Why have I been offered a police interview at my home? I have

Resolved Question:

why have I been offered a police interview at my home? I have never heard of this! My offence is driving without due care and attention, leaving the scene of a collision(didn't realise there was a collision) I would admit this, as I did bump my wing mirror
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.
Probably because they do not want to take your prints or DNA as it is not that type of offence.
I don't particularly like home interviews either as it removes the protections of a solicitor that would be available at the police station but the upside is that your prints and DNA won't be taken.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
What is likely to happen after this interview? I am fully insured so the other vehicle will claim, I just don't know what to think, I am worried as this has never happened before
Customer: replied 1 year ago.
Are you still there?
Expert:  Jo C. replied 1 year ago.
As with any interview, they will remind you of the right to legal advice and question you about the offence.
They will make a verbatim note rather than tape record it.
Customer: replied 1 year ago.
Are they likely to drop this case as I am being totally straight in admitting my fault, and the damage will be covered? also will my clean record stand me in good stead?
Expert:  Jo C. replied 1 year ago.
No, I am sorry.
If you left the scene of a collision then they will charge you with something.
Probably they will summons you for driving without due care and failing to stop and report but they might accept a plea to driving without due care alone.
If it were just an accident they might have accepted it was a civil claim only but not if you left the scene without exchanging.
Customer: replied 1 year ago.
can I plead guilty by letter? everyone I have spoken to including a friend in the police says this is norm?
Expert:  Jo C. replied 1 year ago.
Yes, you could but it isn't a good idea.
You can't plea bargain by post.
Customer: replied 1 year ago.
I suffer from panic attacks and anxiety, I fainted whilst on jury service this summer and was dismissed, therefore I couldn't really attend court at all. I need to plead by post, so I will have to accept all the charges then?
Expert:  Jo C. replied 1 year ago.
I suppose you could put the offer in writing but the reality is that it would probably be ignored.
If so, you would have to plead to both charges I'm afraid.
Customer: replied 1 year ago.
I have been told it will be a fine and around 5 points on my (prized) clean licence - is this correct? I cannot believe what a pickle i'm in at my age - 51- having never had any trouble of any sort ever
Expert:  Jo C. replied 1 year ago.
Not if you plead to both offences.
It will probably be 5 points for failing to stop and report but it will also lead to points for driving without due care of between 3-6. I am not sure they could really justify them being concurrent as they are two dissimilar offences committed at different times.
The fine will be broadly the same though.
Customer: replied 1 year ago.
If I plead in writing, how soon do I hear what the result is? Do they telephone me or write to me?
Expert:  Jo C. replied 1 year ago.
They write.
Usually within a fairly short period of time. Not usually longer than a week.
Customer: replied 1 year ago.
Does that fact that I didn't realise I had bumped my wing mirror make any difference (rather than me leaving because say, I wasn't insured/drunk/no mot) Do I have to be wary in this police interview even though I intend to admit it all? The van that I apparently hit was on the wrong side of the\ road facing the wrong way - is that any help to me?
Expert:  Jo C. replied 1 year ago.
It is not a defence.
The law is very clear on this point. If a person knows or should have known that there was an accident then there is a duty to report. To be wholly honest, it becomes difficult to convince a court that there was no reason to know that there was a collision even of a minor kind.
It would have been helpful if you had stopped and reported as there might have been a challenge to driving without due care but that didn't happen unfortunately and driving without due care is the lesser offence.
I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
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