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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64473
Experience:  Over 5 years in practice.
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Hi I am appearing at a police station to recieve a caution

Resolved Question:

Hi

I am appearing at a police station to recieve a caution for pergury, the incident was I got a speeding ticket and at that time i thought it was driven by someone else so I gave the wrong details of someone else., this was 9months ago, however the police found out it was me driving so before they contacted me I let them know that it was a mistake and I got the dates wrong, but they have wrote to me asking to attend. Now this is my first ever involvement with the law and do I need a solicitor ? And what should I expect ? Thank you. Sam
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Thanks for your interest in me

Do you accept that you gave false details?
Customer: replied 1 year ago.
Yes by mistake
Expert:  Jo C. replied 1 year ago.
Thanks

What was the mistake please?
Customer: replied 1 year ago.
The mistake was I got the dates wrong and it was actually me driving on that occasion.
Expert:  Jo C. replied 1 year ago.
Ok.

When are you due to attend?
Customer: replied 1 year ago.
This Tuesday 2 July
Expert:  Jo C. replied 1 year ago.
Ok. Thanks.

On no account accept a caution until we have considered this.

I'm out at court right now it ill be home by about 5 pm if thats ok ? I need to gather some more information about their case against you.
Customer: replied 1 year ago.
Ok hope to hear soon
Expert:  Jo C. replied 1 year ago.
Thanks.
Expert:  Jo C. replied 1 year ago.
Hi

I'm back in now.

So how did you come to realise that you had got the dates mixed up? What happened exactly?
Customer: replied 1 year ago.
Only after the company I work for brought to my attention that it was me that was driving, after the police got in touch with my cab company I work for, this was after 8 months ,I waited for the police to get in touch with me, as they hadn't I phoned the pc dealing with matter and told about the matter, he said that he is gathering evidence from my cab company and I will be hearing shortly, then 2days ago pc phoned and said to attend the station and yesterday I received the letter.
Expert:  Jo C. replied 1 year ago.
Thanks.

Its all very nice of them to suggest that you pop down and accept a caution. It will be wonderful for their clear up rates.

However, you need to understand that a caution is really not much better than a conviction these days. It sits on your record. A caution for an offence against public justice would mean that you could never again be believed easily in Court over anything.

Anyway, they should be offering a caution for perverting not perjury.

The first point is not to refuse the solicitor you will be offered. I can give you my view of it but its not a good idea to have me running this case remotely. You need somebody who has full vision of the case.

The second is this. Cautions are wonderful when a person would otherwise be convicted. If you are saying that you gave false details on a S172 document then if you were convicted in Court you would be at risk of custody. The leading case involves a person of exemplary good character who got four months custody. In fairness, he had maintained the deception and brought the Army into disrepute but thats probably not something you want to gamble upon.

However, if you are saying that this was all a mistake then thats not perverting. You have to know that you are giving false details. Genuine error is not perverting.

If you raise your defence then they may charge you and send you to court. This is indictable only but it doesn't matter. You are much safer with a Jury than Magistrates. Obviously they may disbelieve you and convict. The question will be how reasonable was the error.

Obviously this is worse case scenario though. They may not charge at all. Perverting prosecutions are expensive and they have a high evidential test.

Can I help further?

Jo
Customer: replied 1 year ago.
Thanks what kind of fine and points would I be likely to get if I did accept the caution. Considering it was a three point £60 fine initially. They have also asked me to take my pco licence as well . Thanks
Expert:  Jo C. replied 1 year ago.
They are not likely to prosecute that now.

But the caution for perverting or perjury would probably impact on your PCO licence.

It would also rear its head if you ever had to make reports to the police again.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64473
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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