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

* 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

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.