Archive for May, 2009

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Drink Driving Scotland Mistake 3: The Breath Test

Friday, May 8th, 2009

Drink Driving Scotland, Mistake 3 - 3 Assuming the Breat Analysis Machine is Infallible

Even the Space Shuttle wasn’t infallible. My motto tends to be “Don’t trust technology”-I can’t think of a machine that hasn’t broken down sometime! All the defence require to do is show the Sheriff that there is room for a “reasonable doubt” regarding the reliability of the machine and your licence is saved.

Laymen and even lawyers are sometimes guilty of failing to read the piece of legislation that the case relates too. The law in relation to drink driving cases, of course requires to be fully understood however all the statutes and the regulations governing the use of technical equipment requires to be read and understood. The lawyer needs to know what is and what is not admissible evidence-This is not always easy and again experience tends to be the key to success.

Those that don’t know the laws and regulations don’t realise that violations of the rules introduce  into evidence matters that can be suppressed from the trial on the grounds of fairness to the accused.

Since the intoximeter devices are “type approved” there is now a statutory presumption that they are reliable and that they work properly. Therefore to defend such a case you need to get copies of the various logs, maintenance records, printout of sample taken etc. This is not easy as the Crown will refuse to provide these documents if they consider that this is a “Fishing expedition” where the defence are just looking for some kind of get out!

My own view is that we should be entitled to obtain all such documents, even if it were a so called “fishing expedition” since this is how we the public have any chance of establishing that the correct procedures and proper working equipment has been used. Sadly, it has been known for  lawyers and unrepresented parties to just have the complaint and the arrest report, this again emphasises the need for an experienced solicitor for  drink driving in Scotland be instructed from the outset.

We offer a free service where you can ask specialist road traffic lawyer any question in confidence on any aspect of drink driving in Scotland

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Drink Driving Scotland- Video 1 – What happens when you are stopped by the police?

Tuesday, May 5th, 2009

This is the first in a series of videos about Drink Driving in Scotland.

This 6 video series takes you through from when you are first stopped by the police… the roadside breathalyser.. what happens at the police station… to setting up your possible defence… right through to your appearance in court.

Here is the first of these videos:

Click here if you would like to learn more about procedures and mistakes to avoid regarding drink driving Scotland

Click here to as an experienced drink driving Scotland lawyer a question free of charge

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Drink Driving in Scotland – Second Mistake to Avoid

Tuesday, May 5th, 2009

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‘

Or alternatively click here to ask a lawyer a question on Drink Driving in Scotland

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Drink Driving in Scotland – First Mistake to Avoid

Monday, May 4th, 2009

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

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