Road traffic accident "if" I'm interviewed under caution, what does that mean and do I need a solicitor?

[Notagoodmonth]

Without details I was involved in accident, no car involved except mine.
I'm confident as a driver there was nothing else I could do, called ambulance and everything seemed OK.
Police came around, very nice said they think it will be OK unless something unexpected crops up. I'm pretty sure cctv would also back me up.
But.. They had to say in that case they will warn me that I may need to go the station and be interviews under caution.

What does this mean and would I need a solicitor and if so, what type and should I start to find one now?

I just found this online which says yes, if that happens then you will need legal representation:

https://www.keepmeontheroad.co.uk/attending-a-police-interview-for-a-road-traffic-offence/

It sounds like they're just saying at this point that's a possibility - after all, you could be lying to them about everything! (But you're not, so it should be fine )

Hope you're doing okay, I once drove my car into a tree on black ice and felt surprisingly shaken up for some time.

If you work with a dbs then you should definitely take representation

Was the ambulance for another person? Hope you're OK, but if it did in involve injury to someone else def take representation

I was shaking in utter horror and shock. Thanks for this I've sent some emails to specialist road traffic solicitors now so hopefully they can tell me what I need to do if anything.

The other people there didn't think an ambulance was necessary actually, but I felt it was being on the safe side.

@Iguessyourestuckwithme

Thanks can you elaborate please

@Notagoodmonth was someone else injured?

I know it's cliched, but some warm tea with sugar can help when you're feeling like this. Do take care of yourself.

Write everything down as much as you remember it right now too.

Voluntarily being interviewed under caution is almost never a good idea and I would refuse. The interview is entirely for their benefit and not yours and an adverse inference can not be drawn from not being interviewed, only from what was said in the interview. If you do go along with it then definitely have a solicitor present. Use your own and NOT the duty solicitor.

@Brahumbug

Voluntarily being interviewed under caution is almost never a good idea and I would refuse. The interview is entirely for their benefit and not yours and an adverse inference can not be drawn from not being interviewed, only from what was said in the interview. If you do go along with it then definitely have a solicitor present. Use your own and NOT the duty solicitor.

What is wrong with a duty solicitor?

Usually not specialist enough or very junior

I don’t think you can have the duty solicitor if you’re attending voluntarily though? Only if you’ve been arrested?

I agree with the poster above - voluntarily attending an IV under caution is almost universally a bad idea. They might frame it a fact finding type mission but if they had any evidence against you for a crime then they are legally OBLIGED to arrest you at the earliest possible opportunity. Therefore it can inferred that there is no (sufficient) evidence and the only purpose of the interview is for them to gain it.

@SeasonFinale

Usually not specialist enough or very junior

Most Solicitors companies that are accredited to work in Police stations take turns to be the "duty" solicitor. When the custody sergeant (me) goes through your rights either as a voluntary attender or under arrest you will be asked if you want to be legally represented. You can either nominate a company of your choice or ask for the duty solicitor (whichever of the local companies happen to be duty at that time). Over the weekend I have had a detainee asking for the duty solicitor and end up being represented in interview by a barrister. Solicitors companies are happy to go onto the duty rota as it is a way of picking up new clients and generates income for their company. In my experience advising someone to avoid a duty solicitor means it is less likely that they'll actually get a solicitor at all and that would be very bad.

Contact your motor insurers if you've not already done so as depending on the case they may be willing to appoint a solicitor for you (this is very much discretionary but it's worth contacting them about this - presumably you will already have reported the accident itself to them).

dad11122 Thanks for the mansplaining. I am a solicitor

i actually dont think that was mansplaining, it was quite helpful context from a custody officer.

I agree that I wouldnt go without legal representation

@SeasonFinale

dad11122 Thanks for the mansplaining. I am a solicitor

Sorry, that wasn't my intention.

I found it very helpful too. We dont have "family solicitors" or are well off and the sort of advice to avoid duty solicitors I've headd befofe but would really worry me if I ever found myself in OPs situation.