A summer road safety initiative targeting those who get behind the wheel while under the influence of drink or drugs has been launched.

The article is from this source:

http://news.stv.tv/scotland/107581-summer-drink-drive-campaign-in-lothians/

Please note the use of ‘unmarked cars’, targetting ‘morning after’ drinkers and the unusual step of writing to people they suspect of drink driving even if they cannot be traced at the time. It even mentions some of the locations they will be targetting including shopping centres and public events.

Starts…

Mistake 7: Knowing what is in your best interests

Your lawyer should inform you about the penalties arising from a conviction as against pleading gulity early in the case. (The Du Plooy Case)

Why is this so critical?

If  you have a conviction for drink driving in the past ten years and take the option to go to court with a very high breath test reading and no identifiable defence then you are likely to incur the wrath of the Sheriff. A specialist and experienced solicitor will always know when it would be in your interests to put forward a plea, particularly if you are a near prison case. It usually can be the difference between keeping your liberty and a sentence of several months in jail.

And this mistake is more common than you think. Especially if your lawyer is too busy or a duty solicitor with very little time for each client. We have beemn in the role of Duty solicitor and we know how difficult it is to get through more than  30 to 40 cases in a few hours. Jus recently Duty Solicitors in Glasgow have been managing more than this number can mean that on average each client is likely to have no more than approximately 2-3 minutes with the duty solicitor to prepare a plea in mitigation that could mean prison or freedom.

That’s why we advise getting a specialist road traffic lawyer on board and have him/her explain the best strategy and circumstances for your case.

If you are in this position or any other and require any help in confidence you can ask any question here: drink driving help in Scotland

After you have watched the video you can ask a specialist lawyer a question in confidence about a drink driving charge in Scotland

Click here to ask a free question in confidence involving a specialist and qualified drink driving Scotland lawyer now.

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

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

* 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

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