Clelford1983
New Member
I was arrested and charged with drink driving I asked for a solicitor and they didn’t provide me with one or get one to call me at the station can I do anything about that as I don’t know what I’m supposed to do now
Wasn’t provided with a solicitor
- Thread starter Clelford1983
- Start date
SeanJoyceStephensons
Solicitor
In relation to obtaining samples, whether than be breath, blood or urine for an alleged offence of drink driving, the police need to ensure that they comply fully with established procedures.
Consideration must be made of the Police and Criminal Evidence Act (PACE) 1984 which sets out issues like the right to legal advice. The general stance is that the drink driving procedure and the obtaining of a specimen will not be delayed in order for you to seek legal advice.
If there is a solicitor immediately available to speak to you, then there are certain circumstances when the provision of advice should be allowed to take place before a charging decision is made.
However, there is no requirement for you to be provided with legal advice before you provide a specimen, however, it is a general assumption that legal advice should be offered.
If you wish to seek advice now about the offence, what potential penalties you may be liable for, and representation at any upcoming court hearing, then please do not hesitate to contact one of our motoring team on 0333 200 9857.
Consideration must be made of the Police and Criminal Evidence Act (PACE) 1984 which sets out issues like the right to legal advice. The general stance is that the drink driving procedure and the obtaining of a specimen will not be delayed in order for you to seek legal advice.
If there is a solicitor immediately available to speak to you, then there are certain circumstances when the provision of advice should be allowed to take place before a charging decision is made.
However, there is no requirement for you to be provided with legal advice before you provide a specimen, however, it is a general assumption that legal advice should be offered.
If you wish to seek advice now about the offence, what potential penalties you may be liable for, and representation at any upcoming court hearing, then please do not hesitate to contact one of our motoring team on 0333 200 9857.
Clelford1983
New Member
I just meant that they didn’t provide me with legal advice at anytime I know I’m not entitled before the breath test but I asked for one as soon as I got there and I wasn’t provided any legal advice at all also upon arrest the police saw me driving but they could not find my car key and I was arrested but had no key to the car whee do I stand on this many thanks
SeanJoyceStephensons
Solicitor
Firstly, I the police saw you driving the vehicle then they can rely on that in court to satisfy that particular ingredient of the offence. There is no need to refer to the presence of the car keys in evidence.
Unfortunately, whilst you should have been afforded the right to speak with a solicitor, this will not have an impact on whether the evidence obtained can be relied upon.
Unfortunately, whilst you should have been afforded the right to speak with a solicitor, this will not have an impact on whether the evidence obtained can be relied upon.
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