Tayside Police Say They Will Nab Your Car

Country Road Crackdown

The campaign, starts at 7 a.m. today (Tuesday) until 7 a.m. on Friday, May 11.

Offences that they will be looking out for are seatbelts,speeding and mobile phone use. Their main point is to get people to slow down and take care on country roads.

Country roads are generally roads outwith urban areas which have a speed limit, for a car/motorcycle greater than 50 miles per hour. Nearly 66 per cent of all fatal or serious road traffic collisions occur on these types of roads.

Chief Inspector Sandy Bowman, head of road policing, was reported in the Arbroath Herald as saying: “As the better weather comes to Tayside, vulnerable motoring groups will be taking to the roads again such as motorcyclists, horse riders, agricultural vehicles, etc.

“These are the type of groups that use country roads for the majority of their time on roads. It is important for all motorists to be aware of such hazards on these roads such as slow moving vehicles, mud on the road, hidden junctions, narrow lanes, etc.

“Ask yourself “do you know what is around the next corner?”, “can you stop in the distance that you can see to be clear?” When using country roads these are all questions you should be asking yourself.”

He continued: “Tayside has some of the most scenic and well maintained roads in Scotland which brings a large number of tourists to our region that may not be familiar with the road they are on. It is quite plausible that these motorists, being unaware of the roads may carry out sudden manoeuvres without looking because they are looking for something, such as a tourist attraction or their hotel. Be aware of vehicles carrying out unexpected turns in the road ahead and be prepared to stop if need be.

“This time of year traditionally sees an increase in the number of drivers and motorcyclists using our roads. Although the majority drive/ride responsibility, a small minority do not and this is the group which we will be dealing with robustly.We will also be actively dealing with any incidents of inappropriate use of vehicles, making full use of the powers given under Anti-Social Behaviour (Scotland) Act 2004 to warn drivers and seize vehicles when appropriate.

Yeah, they can seize your car, if they consider that an Anti Social Behaviour Order is appropriate. In our experience they tend to only use this type of order on young drivers who have a history of being stopped and failing to take warnings regarding their driving behaviour. I consider that it would be an abuse of process to simply start taking cars off people because they have been speeding or using their mobile phones.

The powers are there but we have to make sure that the guard dogs use this power in a manner that is appropriate in our modern society. It may be that the Chief Inspector was simply wanting to make a strong point about the increased danger of country roads a bit stronger. If so….job done.

If they want to take your car away then give us a call or get in touch online at www.roadtrafficlaw.com

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.

Twitter Gets a Brazilian

Brazillian for Twitter?

It looks like Twitter will have a close shave with the law in Brazil from reports in the press today.

Brazilian authorities are pretty concerned about Twitter. Apparently, users are tweeting to warn each other of traffic checkpoints, speed guns and other safety precautions on the roads – and this has made the Brazilian Government raise a legal action to sue Twitter and halt further “Tweets” and kill off the Twitter accounts.
The Brazilian Government is sueing Twitter for hundreds of thousands of dollars in an action aimed at halting “Tweets” about road blocks in Brazil.

Some motorists in Brazil have taken to “Tweeting out” warning to other drivers to alert them to where road blocks are positioned but the Government is moving to block the twitter accounts AND sue the company.

Interesting “Freedom of  Speech” arguments being made but it made me wonder what would happen in Scotland if the Scottish Government decided that they wanted to clamp down on similar behavior over here. I guess the local constabulary might just charge the “Tweeter” with Attempting to Pervert the course of Justice as we have seen cases where drivers have been charged where they have flashed their lights at oncoming vehicles to warn about speed impending traps.

In Brazil the government is targeting accounts like @leisecarj which circumvents Brazil’s strict legislation against driving under the influence of alcohol by tweeting the location of traffic checkpoints and speed detection guns.

However, the account also tweets useful traffic information to its 287,000 followers, such as incident reports.

In the action, the Brazilian Government argues that  @leisecarj and other Social Media accounts should be shut down, as they are breaking several laws,acting immorally, allowing for drunk drivers to potentially remain on the road undetected by authorities.

You can bet that Twitter will fold on this. They are too big to be bothered about the rights of individuals to communicate and they also have some Moral duty to ensure that people do not use their medium to break the law.

Twitter has not yet responded to the lawsuit against it, but it is quite possible that the company will take this opportunity to implement its newly-announced country-by-country policy that enables it to withhold certain content and accounts if a government requests it.

In this case, others around the world would still be able to see the Brazilian accounts warning of traffic controls and DUI checkpoints – but the drunk drivers on Brazil’s roads wouldn’t.

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.

Young Drivers Targetted By Grampian Police

A recent report from the STV website highlights an initiative from Grampian police to stamp out anti social driving behavior by young drivers.
Young drivers in Peterhead were warned by Grampian police after they were caught speeding in a local car park.

Grampian Police carried out patrols in both marked and unmarked cars on Sunday, December 4, within the former Focus car park on Windmill Road, after receiving complaints from the public about anti-social driving in the area.

As a result, three male drivers received formal warnings. If caught again their vehicles will be seized.

As we can see the "Stick" is very much in evidence when dealing with young drivers as the police try to beat them into responsible behavior but it must be about time for the Scottish police and Local Authorities to try something different. Around the world we see initiatives where a section of road is blocked off to traffic and youngsters are allowed to run their vehicles along a stretch comparing them to the spec of other young drivers and their cars. This is done in a safe and controlled environment with the police helping to set up the course. This helps build a strong rapport between police and young drivers and gets away from the them and us attitudes that prevail in Scotland. I am not suggesting that we let them run wild but controlled speed tests on a section of road such as the Esplanade in Aberdeen or some other long stretch that can be cordoned off would be a superb way to let the young drivers let off a bit of steam in a safe stretch of road instead of these illegal "Meets" that go on up and down the country where the general public could have the misfortune of stumbling across them.

The Grampian Police position is rightly that they are committed to tackling anti-social behaviour of any kind. As they said "These three drivers were warned in terms of the Antisocial Behaviour (Scotland) Act 2004, which allows us to take their cars from them should they be seen driving anti-socially again."

They also said "I would encourage members of the public to report any driving they consider to be anti-social and assure residents that that we will continue to vigorously police this type of behaviour and deal with it firmly."

I on the other hand would encourage the police and Local Authorities to look at new ways of dealing with this old problem. Try using the carrot and not just the stick.
Most of these youngsters are really decent young men and women who have spent their hard earned money on customising their cars and they just want the chance to show them off to the best of their ability. We are not talking about an unofficial speedway here, this is just a matter of letting real car enthusiasts let off some steam and train them in safe driving methods and responsible use of their vehicles.

Ban Under 25 Years Olds From Night Time Driving !!

The Glasgow Herald Reported to day that Insurer’s have called for a ban on under 25 year olds from driving.

The Association of British Insurers said the measures would cut UK road deaths and help drive down policy premiums.

Its recommendations were made ahead of a report by the RAC which found the costs of motoring had soared by 14% over the past 12 months, with drivers now paying more than £6600 a year to own and operate a car. The latest hike means it now costs an average of £1556 more a year to own and run a new vehicle than it did in 2007, before the UK was gripped by recession and fuel costs rocketed.

The ABI’s proposals to take a “tough love” approach to drivers under 25 include introducing graduated licences which would carry restrictions on where they could drive immediately after passing a test, with further testing needed before a full licence was granted. The approach has been shown to reduce fatal accidents elsewhere in the world.

Similar curbs, including a ban on night-time driving, were recommended in a report published in March this year which was commissioned by Government agency Transport Scotland as part of a drive to achieve Scotland’s ambitious targets for cutting road casualties. They are still being considered by ministers.

My own view is that these insurance companies need to realise that they have a duty towards young drivers. They are not slow to take massive premiums from them and then they have the audacity to ask the legislature to sort the problem by introducing draconian legislation that inhibits the ability of young drivers to use their cars. Where would this unworkable nonsense take us? “Night” starts in the afternoon in some parts of the country in the middle of winter!

Driving at night is often the main reason parents want their kids to be able to drive to enable them to attend their many social functions, responsibilities and indeed jobs. Since this group of drivers have been identified statistically as presenting an increased risk then the appropriate way to deal with that is to reward good, young drivers and those that are willing to have devices in their vehicles that monitors their use. Lets start rewarding young drivers and increasing the level of training available to them instead of just hammering them with heavy insurance premiums and laws to keep them off the roads

Young Scots Drivers Need Big Brother Cameras In Cars

From a recent report in the Glasgow Herald it is apparent that a new mind set and perhaps new technology could help young Scots become safe drivers.

We now have the technology to put video cameras and black box devices into cars to track how cars are being driven and when linked to Insurance premiums it can have a dramatic effect upon attitudes and driving styles of youngsters.

A recent survey by road safety charity Brake revealed that 57% of 17 to 24-year-olds have been endangered by their friends’ driving while travelling as passengers.

The findings, released yesterday to mark the launch of Road Safety Week, also showed that half of young people often fear for their lives when travelling with a young driver at the wheel.

Brake is now calling for changes to driver legislation, including “graduated driver licensing” which would see a minimum learning-to-drive period and restrictions for novice drivers.

The charity claims that this could save 200 deaths and thousands of serious injuries each year.
Young drivers aged 17 to 24 are involved in a disproportionately high number of crashes which often result in death and serious injury.

What we really require here is not just a Government initiative but real genuine premium discounts from the insurance companies that reward young driveers for allowing “Big Brother Technology” to ride in their cars with them. If young drivers can see the financial benefits then there will be a real incentive for every young driver to change attitudes and driver performance. No young driver thinks it will be him or her that is involved in a road traffic accident but the sad fact is that the statistics show a real need for change. Every young driver knows how expensive it is to insure them to drive and every individual could make an informed decision about the use of new technology to monitor their driving and push down premiums.

If you need proof of the need for change just look at the statistics produced by BRAKE.

Every week in Scotland a young person is killed in a road traffic accident, while serious injuries – including brain damage, paralysis or loss of limbs – occur every 19 hours.

UK-wide, young drivers account for one in four road deaths and serious injuries – 17 deaths or injuries a day – despite making up just 12% of licence holders.

Brake claims that changes to the legislation would prevent 22 deaths a year in Scotland alone and save the economy £80 million.

The majority of the 933 young Scots questioned in the survey supported a tougher regime, with 81% in favour of at least one type of licence restriction such as a zero-tolerance alcohol limit or tougher penalties.

The study, carried out in partnership with QBE Insurance, also revealed that 22% of young people have been a passenger with a young driver who had been drinking or taking drugs.

One quarter admitted to not wearing a seat belt, while 55% said they have been a passenger when speed limits were breached by more than 10mph.

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.