GP Found Dead After Drink Drive Conviction

I was saddened to learn of the death of Dr Rachel Wheldon. Press reports indicate that sadly, she may have taken her own life.
She was a GP working in a small rural community in the Highlands of Scotland practising on the small Isles, Eigg, Muck, Rum, Canna.
A few weeks ago she appeared at Fort William Sheriff court before Sheriff Douglas Small and was sentenced to 14 months disqualification and a fine. I remarked at the time to colleagues that this was a relatively lenient sentence as she had been discovered to be driving whilst twice the legal limit however such a conviction carries a massive social stigma and for any professional person in the Highlands there would be a considerable feeling of shame.

We have represented many professional people over the years in relation to such charges and one of the key considerations for us is that our clients understand what we can do for them and what we cannot do for them.We cannot reduce the level of shame that they will feel. we cannot make them feel better about themselves. A mandatory minimum ban of 12 months will be expected from the court except where the reading is higher than normal when a much higher period of ban can be anticipated. Such cases are always fraught with emotion as people are often racked with guilt as well as apprehensive about how their friends, relatives, colleagues, neighbours will react to the revelation that they have been convicted of such an offence.

It was reported in the Scotsman that Dr Iain McNicol, who had known Dr Weldon for almost 20 years and carried out locum cover for her on Eigg six weeks ago, said: “Everyone is shocked at the news. What a waste of talent.

“Rachel was a very nice person who liked to help people and a very well thought of doctor by all her colleagues. We are really sorry for Eric, Rachel’s husband, and her mother. Eric was very much her support in the practice and he ran the boat for her.”

Maggie Fyffe, leader of the 95-strong community on Eigg, said: “I am totally stunned by Rachel’s death. The entire island group feels the same.”

Another Eigg resident, who did not want to be named, said: “We all found out on Thursday and none of us can understand it. She was a very good doctor and will be sadly missed.”

On the island of Muck, Mary MacEwen of the Port Mhor Hotel said: “Everybody on Muck is shocked, because she was a wonderful doctor.”

A spokesman for NHS Highland said the health board was “deeply saddened to hear of the death of Dr Rachel Weldon. Our thoughts are with Rachel’s family, friends and the local communities.”

To those of you facing such a charge this story may allow you to see that other people do understand how you are feeling and not everyone will be first to caste a stone in your direction. Usually a drink drive conviction for an otherwise responsible member of our society will often be an indicator of a more serious illness or condition. Such people convicted of this type of offence can often be directed by the court to receive treatment and assistance with any reliance issues they have and underlying problems. Such a charge therefore can often be the catalyst that starts a person on a road to recovery or at least helps in identifying a much larger underlying problem.

70% of Drink Drivers are Morning After Offenders!

It’s Never Too Late To Call A Road Traffic Lawyer

A recent article by Neil Poornan in the Scottish Press indicated that 70% of drink drivers apprehended by the police in the first 3 weeks of a recent drink drive campaign in Scotland were arrested between 6:00am and 10:00am

Chief Superintendent Kate Thomson said: “During the first three weeks of this campaign, over 100 offenders detected for drink driving were under twice the legal limit, and over 70 offences were detected between 0600hrs and 1000hrs, classed as the morning after for offenders.” She reiterated the view that ALL drink driving is a criminal offence and it cannot be excused simply because you failed to understand that you would still be over the drink drive limit the day after consuming alcohol.

This demonstrates very clearly that there is still a message that needs to get through to Scottish drivers. The risk of drink driving the day following  a drinking session are very real and significant and they carry the same mandatory ban for at least 12 months.

FREE drink at Christmas Parties!

Drink Driver's May Have Their Cars Impounded

Over 1,000 pubs and bars in Scotland will provide drivers who choose not to drink alcohol with ‘buy one, get one free’ offers on Coca-Cola and Diet Coke until December 31.

The scheme is part of Coca-Cola’s Designated Drivers Campaign. It is great to see a company like Coca-Cola involved in a scheme that treats drivers in a responsible way.  The big alcoholic drink manufacturers tend to have advertising schemes and incentives to lower drink driving but we need more to be done

We now all  realise that drink driving is simply unacceptable and most of us take a responsible attitude to the pressures from the “one for the road” brigade. At a time where we see the Scottish Government trying to make an impact and reduce deaths  from drink driving it is good to see big commercial companies like Coca-Cola getting behind the message.

The present scheme is supported for the first time by the Scottish Government and Road Safety Scotland as part of their festive drink drive campaign which encourages Scots to consider the tougher consequences they face if they drink drive this Christmas. As well as losing their licence with an automatic 12-month ban, those who do so face a criminal record, a fine of up to £5,000 and forfeiture of their car.

It was reported that Transport Minister Keith Brown said:

“Last year over 7,000 people were caught driving under the influence of drink or drugs in Scotland. Those who do choose to get behind the wheel after drinking face even tougher consequences this festive period – as well as losing their licence, being banned from driving and facing a fine and criminal record, they can also lose their car. Coca-Cola’s Designated Driver campaign encourages Scots to give their friends and family a safe lift home, and we’re supporting the scheme to say don’t risk it this Christmas.”

Drink driving cases are tough to defend. There are technical issues involved and drivers are entitled to the full force of a thorough defence however it is fair to say that most cases that we are involved in require a damage limitation approach as opposed to a full out defence and trial. Social mores have changed so much over the past 20 years that lawyers are reluctant to promote the fact that they defend such cases but we take the view that EVERYONE is entitled to the presumption of innocence and the State has to be thoroughly tested if a matter is put to trial. It is not for us to make moral judgements that in any way inhibit our ability to do the best for our clients.  This is the type of thing I am used to saying at a dinner party or social event where I am berated for the millionth time for defending people charged with rape or murder but it is interesting that at this time of year the alleged murders,rapists etc are aligned in the public’s psyche with the drink driver.

Forfeit Your Car If More than 3 times Over the Limit

Don't Drink And Drive This Xmas or ANYTIME

A new drink drive initiative is planned for this year in Scotland. First-time drink-drivers who provide a sample for analysis which is three times the legal limit or more, and those who refuse a breath test, could have their vehicles confiscated and sold off, after conviction.
That would be in addition to receiving a criminal record, a fine and a 12-month driving ban.

The plans come after a forfeiture scheme introduced in 2009 to deal with repeat offenders. Extended in summer 2010 to include drug-drivers. A total of 155 vehicles forfeited, with a further 18 vehicles seized pending court decisions.

According to the latest figures, it is estimated that just over one in seven deaths on Scottish roads involve drivers who are over the legal alcohol limit..Even one death is unacceptable but we have to be realistic in balancing the rights of the accused and the
It has to be said that this type of order sends out a very strong message in Scotland that drink driving will not be tolerated. Clearly that is a good message and one that we all support but I have concerns about the implementation of such a scheme where a car may be a family owned vehicle, a company vehicle or even a vehicle that holds a massive monetary value (Disproportionate punishments would occur, fundamentally a breach of human rights) We see that there would be real and significant difficulties implementing this scheme in a fair and proportionate manner throughout Scotland and therefore we should tread carefully before warmly welcoming this new method of dealing with first offenders

The joint operation between the Association of Chief Police Officers in Scotland (Acpos), other law enforcement partners and the Scottish Government will see more police road patrols over the festive period. All eight police forces will take part in the four-week campaign.

Police Stations Procedures for Requests for Blood or Urine Samples in Drink Driving Cases

Sections 7, 8 and 9 of the Road Traffic Act 1988 provides the procedure which must be followed by the police when samples of blood/urine are taken.

The admissibility of those specimens as evidence against a motorist depends upon the procedures being followed correctly. We always seek the 4:8:1 form that should be a record of the procedures followed and often therefore acts as the cornerstone of our cross examination in such cases. We will also seek sight of the EC/IR intoximeter log to ensure that it was working properly on the day of the given sample.

As a suspected drink driver you have a legal obligation to provide a laboratory sample when one of the four reasons set out at section 7(3) occurs. BUT before such a sample is taken the driver needs to be provided with certain information by the police:

• he has to tell the motorist the reason under terms of s.7(3) why breath specimens cannot be taken or used in this matter;
• he should tell the driver that in those circumstances he is required to give a sample of blood or urine, but that the officer will decide which. Many drivers believe that they have the choice but this is wrong, the choice is with the police officer dealing with the case.
• he must warn the driver that a failure to provide the sample required may result in prosecution;
• and if he has asked for a sample of blood,
• he should ask the driver if there is any medical reason why a specimen cannot or should not be taken by a doctor.

When, in the circumstances set out at section 8(2), a driver may choose to replace a breath specimen by supplying a laboratory sample,

The officer should inform the driver of the nature of the option open to him and what will be involved if he exercises it;

• he must inform the driver that the specimen of breath which he has given containing the lower proportion of alcohol exceeds the statutory limit; but does not exceed 50 microgrammes of alcohol in 100 millilitres of breath;
• he should inform the driver that in the circumstances he is entitled to claim to have this specimen replaced by a specimen of blood or urine if he wishes; We have heard countless tales of drivers claiming that the police officer told them not to bother as it would serve no real benefit to them this is rubbish, you should, where the opportunity arises ask for a blood sample to be provided. If there are medical reason why you cannot give blood then make sure that these reasons are stated and recorded.
• The police officer should ask the driver if there are any medical reasons why a sample of blood cannot or should not be taken. Having read the above if you think the procedures for you were any different then get in touch and we may be able to win your case and save your driving licence.