Posts Tagged ‘drink driving law’

Drink Driving Solicitor Scotland Mistake 6

Friday, May 29th, 2009

Did police follow APCO rules? Are subjective Tests part of the evidence? Then you have grounds for a defence & can ask a specialist solicitor any question FREE

At the least, the ACPO Rules and the police guidance document should be gone over by you or your lawyer. She or he will then know precisely what questions you should ask the arresting officer to work out if the police totally followed the published recommendations.

We understand that in the restof the UK police officers are supplied with a standard forma document to follow but in Scotland the police rely upon their coaching and ACPO rules where suitable.

You see, if the manual’s directions were not utterly followed, the test’s validity can be attacked. Obviously these manuals only supply a guideline.

They definitely aren’t the law and you can expect any Procurator Fiscal who is worth his salt to indicate that they are at best standardised guidance. A good defence lawyer should be in a position to do a lot with the undeniable fact that this guidance were authored for an excellent reason and that was to provide the best available background for the court. If the Crown now stated that doesn’t make any difference then they’re denigrating the responsibility of the judge or Sheriff .Successfully challenging such procedures often can win your case  without the requirement for you to give proof yourself.

The key to these tests have a tendency to be how objective and trustworthy they are. Remember that in Scotland they are frequently of less significance as the officer can frequently come up with virtually any old excuse to make claims that he or she had a “reasonable excuse” to stop you and demand a breath sample. Currently in Scotland a discussion is going on with reference to the extension of police powers to permit random stop and test procedures.

Candidly , as a seasoned criminal court specialist ( Like the Justice Minister ) I am aware the police can and do stop folk when they like. It is all too simple to deliver an excuse at a later stage.

Why concern yourself with the ACPO manual if these are ONLY guidelines? Easy : if you or your lawyer doesn’t know the APCO manual inside-out then how is he able to cross examine proficiently? How does he stop any possible important prosecution evidence from even being taken into consideration . It is very difficult to then un-ring a bell.

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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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Drink Driving Scotland

Monday, April 27th, 2009

Drink-Driving In Scotland

Drink Driving in Scotland is a complex and serious area of law therefore we offer FREE online advice in relation to such cases. Accused of being a Drink/driver then ask us about your own case right now!

There are numerous areas of a possible defence and other relevant issues which include:

  • Post Incident Drinking Defence: Was any alcohol consumed post incident but prior to a breath test? This is also known as the ‘hip flask defence’.
  • Expert Evidence on Post Incident Drinking: To prove a possible ‘hip flask’ defence requires specialist knowledge and a high quality of evidence
  • Basic Information Required: Including details of food, alcohol, medical conditions and medication taken… and it is likely you will also need advice from a medical expert
  • Failing to provide a specimen: Once a defence is raised (which is not easy as it may be seen as not a ‘reasonable excuse’)… the onus is upon the Crown to prove beyond a reasonable doubt that it has failed and that you are therefore guilty of the offence. Failing to provide a sample is a very interesting area of defence and we have had a great deal of success in defending such cases.
  • Procedure for blood or urine samples: The admissibility of those specimens in excess alcohol cases depends upon the procedures being followed strictly… and those procedures are complex. You should never refuse to give a sample because you were not driving or you were not drinking – as this is a separate offence.
  • Blood or urine samples when at hospital: Sometimes samples are taken from a driver when he/she is in the process of receiving treatment following a road traffic accident. Again this is an area of law where the prosecution require to be careful about the methods used to ensure fairness and admissibility of evidence.
  • The Breath Testing Equipment: If the defence wish to challenge the reliability of such equipment they really require to do so long before the trial! They will require to have checked the instrument, the service log, the calibration process, the details of use on day and any other aspects of use.
  • Breath Alcohol Less than 40ugs: In Scotland a Lord Advocate’s directive ensures that persons with a reading of 40ug or less will not be prosecuted and in England a driver will not be prosecuted under section 5 with a breath alcohol level of less than 40 ugs.

This is not meant to be a comprehensive guide in such a brief article and you are strongly advised to seek legal advice from a suitably experienced and qualified lawyer.

Click here for more information on all aspects of drink driving in Scotland

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