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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice.
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I was interviewed by the police some days after a minor incident.

Customer Question

I was interviewed by the police some days after a minor incident. I said I didn't understand and wanted legal advice, (confirmed on the form by my signatures) but he took a statement, saying it was just a formality & nothing would come of it
I've now received a summons for driving without due care & attention. Can I get the case thrown out as he never gave me the opportunity to take advice?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

I am sorry but you cannot.

Even if this was an interview under PACE all that would mean is that you were entitled to advice before the interview. Proceeding on the basis that was denied unlawfully all that would mean is that they couldn't rely on the interview in court. The case can still be prosecuted.

If you are raising your defence in interview then its not really in your interests to exclude it.

Its only in your interests to do that if you have said something contrary to interests.

I'm really sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo