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WHAT
SHOULD I DO IF AN ENFORCEMENT OFFICER STOPS ME?
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You
should at all times co-operate with the Police and Ministry. Remember they
have a job to perform and a very important one at that. Any driver
performing his duty to the best of his ability and abiding by the
regulations has nothing to fear.
We are all fallible human beings who make mistakes and the
enforcement agencies, in general, do not persecute genuine mistakes.
Do not be obstructive to the enforcement officer, this will only worsen
any possible prosecution and you will not be able to affect how they view
any breaches of the legislation. There are legal ways in which you
can help yourself. If
you do not co-operate you may leave yourself open to prosecution for
obstructing the officer in the execution of his duty.
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Having
said this you are not required to answer any questions that may make you
liable to prosecution. Should any officer find evidence which might
suggest that an offence has been committed he will need to interview you
in the correct manner.
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If
you are interviewed for a non-arrestable offence you must be told that you
are not under arrest, you are not obliged to answer any questions, you may
seek legal advice and you may leave the interview at any time.
Under
these circumstances you should be informed of any alleged offences before
being questioned. You should listen to what is said and before
answering any of the questions you should say;
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"Before
answering any questions I prefer to seek legal advice."
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You
are not guilty of any offence by taking this course of action. It is
your legal right to seek advice before answering any questions, or
continuing with the interview. Most people convict themselves with
the answers they give before taking advice - don't be one of them.
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However
we would suggest that you discuss your actions under these circumstances
with your transport manager or supervisor who may require a different
procedure to be adopted.
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