A drivers guide to a very merry xmas:- What to do when stopped by police over the festive period

Sheridan Road Traffic Law would like to wish everyone a Merry Christmas and a Happy New Year and we would like to thank all of our wonderful clients for choosing to trust us to keep them driving over the past year!

Whilst we all look forward to relaxing and spending some time with family and friends it is important to remember the increased risks to your driving licence at this time of year.

It can be a busy and stressful time of year and it can be easy, at times, to lose concentration leading to you increasing your speed or striking a parked car. Also, if you are having a few drinks over the festive period – a simple lack of judgement could see you lose your driving licence.

Should you be unfortunate enough to get yourself into such a situation and attract the attention of the police, we are available 24/7 on 0141 465 3333 to offer you specialist legal advice!

If you are spoken to by police over the holidays and are not in a position to call us immediately for advice in relation to a road traffic offence, we would recommend doing the following:-

1. Remain calm– It can be natural to panic but the police may be looking to speak to you in relation to a relatively minor matter e.g. to advise you that one of your brake light has gone out, so remain as calm as you can as signs of anxiety may lead to the police becoming suspicious and this may prolong your interaction with them unnecessarily.
2. Clarify why the police want to speak with you– The police should explain why they wish to speak to you but if it is not clear then it’s important to ask them to clarify so that you fully understand and can better deal with the situation.
3. Speak to the police where you feel comfortable- You have no obligation to sit in the rear of the police car or attend the police office unless you are arrested. Although the police may think you are being difficult, if it is more comfortable for you to remain where you are to speak to the police then do so.
4. Record the conversation-Although the police may not like the idea of being recorded, we would recommend that you take an audio recording of the interaction you have with the police. This acts as a safeguard to ensure procedures are properly followed and the recording can be used as evidence to assist your defence at a later stage.
5. Only give information that you are required to and are comfortable giving-The police may require your personal details and your driving licence which is fine and if you are requested, as the registered keeper of a vehicle, to confirm the identity of a driver of that vehicle at a specific place and time then if you are able to give that information you must. If you are required to give a specimen of breath or saliva then you must provide this unless you have a reasonable excuse for not doing so. However, it’s important to remember that you are under no obligation to say anything else!
6. Clarify the outcome of the police enquiry-When speaking with the police anxiety levels can be high and you it is easy to become confused. It is important that you clarify, if it is not clear to you, whether you have been charged with a road traffic offence and, if so, what.
7. Take action to assist your case at a later stage-If you have been charged with a road traffic offence then after speaking with police it is useful, if possible, to take note of what happened immediately before your memory of the incident fades. Take a note of what was discussed with police if this wasn’t recorded, and take note of things which might help with your defence at a later stage such as road & weather conditions, road signage or lack of same and traffic conditions. Using your mobile phone within the confines of the law for this purpose is often helpful.

The final and most important thing you must do if spoken to by police is call Sheridan Road Traffic Law. We are available 24/7 on 0141 465 3333 or visit www.sheridanroadtrafficlaw.com.