Here is the first in series of posts about the mistakes to avoid if charged with drink driving in Scotland.
When that intoximeter has measured the reading of more than 35ug your heart sinks as you realise the results of the result. It is at this point that some folk just accept the ‘inevitable’ charge and penalties.
You could then be left in a cell for the following couple of hours then handed a slip of paper and told to be in court or face arrest.
However the breath test, the alcohol blood level test, the alcohol urine test and the roadside tests all have potential problems.
It might be in the technique of use, the procedures not being followed,it could be easily be an operator mistake. Whatever the problem a good defence team needs to find it and exploit it to win the case.
Do you know that the result of a breath test can be challenged? The Log Book detailing all tests that day can be inspected by the defence to test for indications of issues or changes. The service record for months before and after the test can be inspected. Professionals can be instructed to test the research machine itself and checks can be made reading the police procedures at time of testing. We have had experience of an entry that had been “tippexed” then modified.
We’re not suggesting a “Fishing expedition” but when our clients challenge the accuracy of a reading then they can expect that no stone will get left unturned.
The price tag of defending such a case can be substantial and we will be able to tell you that it’ll definitely run into thousands of pounds however with such a lot of at risk it can be worth investing that amount in your defence.
Consider how much might be saved over the term of any ban.
Not simply the inconvenience of not having a licence but all that depends on it, job, mortgage, relations and so on. Naturally it is more expensive to protect a case than to plead guilty at the outset but the reason is because of all of the additional work and court time that may be concerned.
We are sometimes asked whether pleading not guilty will attract a higher sentence if found guilty and the answer’s no. You are entitled to protect your case but what you have to be aware of is the court will not punish you for taking a case to trial but they may reward you for tendering an early plea. That reward does not mean that they are going to reduce a prescribed minimum period of ban but could mean the fine imposed is less than it would’ve been.
Hire the best and in our perspective that implies getting a specialist lawyer on board as fast as possible.
www.roadtrafficlaw.com were the first specilist lawyers of Road Trafic Law inScotland
Fast specialist help and advice is available on all aspects of drink driving in Scotland