Tej Thakkar successfully defends client in careless driving case

When faced with a serious allegation of causing death by careless driving, a client was referred to Tej Thakkar, Senior Associate and the Head of Regulatory at Birkett Long, for expert legal representation. The case highlights the significance of thorough preparation, clear communication, and proactive representation in high-stakes criminal investigations.

The situation

The client was under investigation by Essex Police’s Serious Collision Investigation Unit in connection with a fatal road traffic incident. The allegation of causing death by careless driving carried severe potential consequences, and the need for swift and effective legal support was critical.

Tej Thakkar was instructed at short notice, just before the client’s voluntary interview with the police, providing immediate advice and ensuring the client’s position was clearly communicated from the outset.

Strategic preparation

Tej began by meeting with the client to understand their version of events in detail. Recognising the importance of having full clarity ahead of the interview, Tej liaised directly with the Officer in the Case (OIC) to request pre-interview disclosure from the police.

Upon receiving the three-page disclosure, Tej arranged a follow-up meeting with the client to review the material and gather any additional information that could further support their case. 

Having clear instructions and a detailed understanding of the disclosure prior to attending the police station enhanced Tej’s ability to advise the client on their options and anticipated outcomes. 

The interview process

Tej prepared an 8-page statement for the voluntary interview, clearly setting out the client's position and denying the allegation. The statement was designed to provide a comprehensive and detailed account of the events, addressing any points that the police might raise during questioning.

Tej accompanied the client to the interview, offering guidance and ensuring that the client’s rights were protected throughout the process. 

The importance of early legal representation

This case demonstrates the value of securing legal representation early in the process. Without it, the client may have relied on a “no comment” approach, which would not have advanced their defence and could have increased the likelihood of being charged.

Alternatively, had the client relied on a brief prepared statement, it would not have matched the depth or precision of the statement Tej prepared. Early engagement allowed for a tailored, detailed response that effectively safeguarded the client’s position.

Outcome

After four months of investigation, Essex Police confirmed that no further action would be taken, effectively closing the case. The decision brought an end to the investigation, with no charges being brought against the client.

Conclusion

Tej Thakkar effectively handled the complexities of the case, securing the best possible outcome for the client. This case highlights the vital importance of early and tailored legal representation.