Why is it important to be represented by a solicitor during a police interview under caution relating to a road traffic incident/motor insurance investigation?

If a police officer has reasonable suspicion to believe that you have committed a motoring offence relating to your driving, or that you do not have motor vehicle insurance, he/she has the power to arrest you to enable him to make further enquiries into the possible commission of the offence.  Arrest will result in you being cautioned about your rights to remain silent, and how anything you do say may be used as evidence in any prosecution through the criminal courts.  If arrested, you will be taken to a police station where the custody sergeant will inform you of your right to contact a solicitor.

You do not need to employ a solicitor to advise you and/or represent you when you are at the police station, and many people choose not to be represented.  When the police evidence is very detailed, some people think there may not be very much point in contacting a soicitor. That is often the wrong approach as this is when you really need professional help. The cost of employing a solicitor may put people off. However, you can usually get advice/representation from a duty solicitor free of charge. If you employ your own solicitor this may also be covered under criminal legal aid. You always have the right to have your own solicitor present, on a private paying arrangement with him/her.

Clearly, at the time of your arrest, you are likely to be in an unfamiliar situation, and facing the unknown process of arrest, waiting, interview, bail, etc. The police officer is in his own territory and knows the process well. You are disadvantaged before you start. How many of us have even seen the custody suite of a police station, let alone been taken from a cell to an interview room to be interviewed, on tape, by one or two experienced police officers over a lengthy period of time?

You are on your own. You can’t have a relative/friend with you unless you are a minor or intellectually seriously disadvantaged.  The only person who you have a right to have at your side is a solicitor.  He is equally familiar with the frightening, intimidating environment you find yourself in, and is there to protect your rights and to ensure the police behave in accordance with the Police & Criminal Evidence Act in the way you are treated and how you are questioned.

Often, a solicitor can stop lines of questioning which are not relevant and ensure that you are given a fair opportunity to assess the evidence, and decide how to answer to it.

If you ever find yourself arrested for motoring offences, even as seemingly minor as in relation to motor insurance (the courts do not see this as minor and the penalties can be heavy), then think very carefully about contacting a solicitor to help you through the process.

One of the advantages of daily car insurance is that the temptation to drive someone else’s car whilst uninsured is reduced because it is so simple to obtain car/van insurance for a day, over the internet, in minutes.