The next mistake regarding drink driving in Scotland is to assume police procedures are always correct. This is far from the case as can be seen from the following real-life examples:
* the correct sample procedure was not followed.
* the results indicate that the device was not properly calibrated
* your breath sample was interrupted e.g. sickness
* you had something in your mouth, such as chewing gum, tobacco  etc.
* you were on a special diet.
* you have diabetes, asthma, other relevant medical condition.
* you have ill fitting dentures.
* you had close contact in a confined space with paint or solvents.
* you have to take medicine on a regular basis.
* an alcohol antiseptic was used when blood was drawn.
* an alcohol antiseptic was used by you when washing
By not contesting the evidence you don’t get to question the arresting officers. You will not be entitled to say that you accept that the results are partially correct but that they do not accurately reflect what you had to drink. You would therefore accept whatever the reading was and accept that all procedures were followed properly.
Plead not guilty and a trial is set where the defence will get the chance to interview the police officers and examine the physical productions ALL before you attend court. You will then have the opportunity to attack the results on the grounds that the technical rules weren’t followed. If your lawyer considers that all procedures were followed and that there is no technical defence then the lawyer can have the case brought forward to tender a guilty plea and secure any sentence reduction for an early plea.
This is the second in a series of posts on ‘Drink Driving in Scotland – Mistakes to Avoid. Click here for more information ‘Drink Driving in Scotland – Mistakes to Avoid‘
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