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Interview under caution - police or DVSA

Following a DVSA inspection or roadside encounter, an operator or driver may be invited to an interview under caution, that may be held by the police or a DVSA Examiner. You may receive a letter with a brief outline of why you are being asked to attend and interview. This letter can be daunting to receive and a lack of clarity regarding the potential charging for any offence can cause further stress. There are several possible outcomes following an interview and in some instances they form part of the evidence in court proceedings. Your approach to and responses given during an interview under caution can also lead to you being called to a Public Inquiry when the Traffic Commissioner will have sight of the answers given to any interview questions. Interviews are recorded meaning your responses are critical on a number of levels.

Our specialist solicitors can attend interviews nationwide. If you have been asked to attend an interview under caution by the police or DVSA call us on 0161 696 6250 to find out how our team can help or complete our online enquiry form and we'll contact you directly.

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Preparing for interview under caution

Before an interview under caution can commence you must be correctly cautioned and made aware that you have the right to refuse the interview until you have been able to seek legal advice. You also have the right to stop an interview part way through if you do not have legal representation present. You can decide not to comment on questions put to you but it must be carefully considered how this will reflect on your case. Although, you may feel that you have not committed any offences and you will just answer the questions put to you it may be that part of your answers incriminate you and ensure that you are charged when you otherwise would not have been. Taking part in an interview under caution with having legal representation may result in a less favorable outcome.

Stephensons specialist transport solicitors can help you in several ways if you are facing an interview. You will not normally know what the specific offences are that you are to be questioned about. They are normally put to you during the interview. We will seek to find out what they are in advance of interview commencement and advise you accordingly on your responses to protect your interests. Whilst there is always an obligation to provide a truthful response to any question, alongside this requirement runs your entitlement to provide no response at all.

Outcomes of interviews under caution

An interview under caution could lead to a criminal prosecution, regulatory action before the Traffic Commissioner or both. If issues of non- compliance with operator licence requirements are raised we can work with you to rectify these where possible in advance of any public inquiry. This is important as it may affect the outcome of these proceedings making the outcome less severe. If any of those issues of non-compliance are serious enough so that they give rise to you being charges with  a criminal offence then how you deal with the interview can affect any potential defense to those allegations.  Having us involved from the outset can give you a better chance of avoiding any action being taken and in the instances where action is taken in any event, we  can also work with you to improve systems and help to lessen the impact of any action taken.

Not all interviews under caution lead to court proceedings or public inquiry. There is a possibility that your response to the interview leads to further investigations needing to be carried out or considered if insufficient evidence to charges available at that stage. There is even the chance that no further action is taken.  We seek to get you the best possible outcome.

We can attend interviews nationwide. Call us today on 0161 696 6250 to see how we can help if you have been asked to attend an interview under caution.

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