Advice please

Convicted Driver Insurance

Malced

New member
Hi. My daughter recently failed a roadside drug test. She admitted to having smoked cannabis and the police also found her to be in possession of a small amount. The police only switched on the bodycam at the point of arrest. Whilst at the station they said she could request a solicitor but said it wasn’t necessary as she wouldn’t be interviewed. They went on to ask her questions about drug use etc which I’m sure will be used against her as evidence.
my questions are:-
1. Is there any recourse for the officers not using body cam earlier when they stopped her as she says they were threatening her to answer questions etc. This won’t be on body cam if they weren’t switched on.
2. Should I request a copy of the body cam footage ASAP?
3. can I request a copy of cctv from the custody suite where they were asking her questions and told her a solicitor wasn’t needed.
4. Is advising her a solicitor isn’t needed grounds for an unlawful process?
many thanks
 

Martin Hammond

Solicitor
Hi.

Before you go down this route, all the things you are talking about are only applicable if you are going to defend the case and plead not guilty. If you are pleading guilty none of the things would help.

If you are pleading not guilty, yes the body cam, the questions and the solicitor not being called could all add to a defence but all can be easily argued both ways, and I wouldn't even contemplate running a defence with these points unless you have a very good solicitor.

I hope that helps

Kind regards
Martin.
 

Malced

New member
Martin
Thanks so much for your very helpful and prompt reply.
The blood test results could take some months to come back. So I was thinking of requesting the footage now as otherwise we would be timed out. Requesting the footage is therefore I suppose a fishing expedition to find out exactly what was said so that I can then (with legal expert assistance) consider whether it’s worth a not guilty plea if the test result comes back adversely and my daughter is charged.
I presume there’s no downside to requesting the footage but please shout if that’s incorrect. Kind regards, Malc
 
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