In drink drive defences we often go to the scene with our clients to take relevant photographs, video and draft diagrams.

And with the advent of Google Maps we now find that printing off some satellite photographs can also assist the case preparation. Police officers are often trained to refer to the “off side” or the “nearside” when describing the vehicle and position in relation to the offence, the accused might say left or right and another witness might say East and West. Thats why we always have Maps, Photographs and diagrams. It makes sense of all the left, right, nearside, offside, middle and don’t knows that we will have to deal with at the trial. Drunk in charge cases can sometimes involve a piece of land where the public do not have any right of access but this might only become plain once the area is visited. We tend to video the location for most cases. We had one case where our client was found intoxicated in his vehicle in a private field. The Crown allegation was that our client must have been drunk in charge of his vehicle to get into the field in the first place! What they didn’t know was that he had driven his friends to meet a helicopter in this field and when the helicopter returned later that evening (Much the worse for wear) he didn’t feel inclined to walk home so he slept in his car, dropped off in the field by a helicopter.

Roadside Tests involving walking a straight line and the like are becoming increasingly used in Scotland. Seeing and knowing the locus allows you to bring better cross examination to court as you can test witnesses on true conditions that existed. e.g. sloping, ill lit roadside that is very busy with traffic…..it may be reasonable not to be walking on the kerb? These things makes it much easier for your lawyer to understand and more importantly the Sheriff to understand your concerns about any roadside test, and, in some cases, point out a physical impossibility to the Sheriff. We had one case where the police officer admitted that he requested our client to walk a straight line inches away from a dual carriageway. Needless to say the Sheriff wasn’t too impressed by this and threw the case out.

You can ask a specilist lawyer any question free and in confidence here: Drink Driving Defence

Well we more than anyone appreciate what you are going through. It’s not just the inconvenience… its all the hardships that come with it… leading to possible loss of job and relationship problems, etc.

But if you are here after being charged with drink driving there is one major factor that can help… an experienced, specialist solicitor.

So what’s the next step for you?

Take a deep breath… help is at hand. Read through the contents of this blog or our site and you will see articles, videos and information on all aspects of drink driving in Scotland.

Then, after considering this information, you have the opportunity to ask a specialist drink drive lawyer any question you like. In strict confidence

We look forward to the possibility of helping you

Here are some interesting figues:

There were 11,782 drink-driving offences in Scotland in 2002. These included 820 drink-drive accidents, which resulted in 1,270 people being injured and 50 people being killed.

In 2002, of the 9,978 convictions for drunk driving in Scotland:

• 9,468 (95%) cases were disqualified from driving.
• The average length of disqualification was 22 months.
• 8,537 (86%) cases resulted in a fine.
• The average fine was £337.
• 411 cases (4%) resulted in a custodial sentence.
• 238 (2%) were admonished.
• 31 cases (0.3% of cases) resulted in a life ban from driving.

Source: Scottish Executive

These figures mean just 5% were *not* disqualified from driving

Which means you need to get the odds on your side… because more than 80% of our clients successfully defend their cases Audit of 1000 General Road Traffic Cases Conduscted by Our Firm)

We were the first specialist road traffic solicitors in Scotland. Why not use our experience and success rate in *your* favour?

You can contact us about a drink drive solicitor here and use our free service to ask a solicitor a question in confidence

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

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

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

Graham Walker

Here at www.roadtrafficlaw.com we are embarking on a mission to produce the most comprehensive and educational information available online, about all aspects of drink driving in Scotland… and in particular… defending cases of drink driving in Scotland.

This information will include a series of videos, articles and blogs, to highlight all aspects of drinking and driving in scotland… including mistakes to avoid, how to mount a defence with specialist help… and what to do if you have been charged with drink driving.

The video series, with specialist road traffic lawyer Graham Walker, will include detailed information on being initially stopped, the road side breath test, police procedures, possible defences, how to get specialist help, what to say, what happens at the police station, how to get evidence, and what happens in court.

We will be posting the entire 6 video series here.

In addition to the video series we will also be posting here another series of  7 written articles regarding the most common mistakes and misconceptions to avoid in drink driving cases.

If you have a more urgent, pressing matter than needs our attention… or you need to ask a question… on any area of road traffic law… please do not hesitate visit our website where you can get more information, or contact us by phone or online form.