Any person who is driving, attempting to drive, or in charge of a motor vehicle on the road, or in a public place (eg any land that the public have access to), may be required by the police to provide a breath test, to ascertain whether they are over the prescribed limit of alcohol – 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood).
Many people define speeding by 5 – 10 mph as merely ‘driving over the limit’ and even view speeding by 10 – 20 mph as ‘acceptable speeding’. Many people consider ‘real speeding’ to be only speeding by more than 20 mph. Most of us speed from time to time however with the profusion of speed cameras on the roads today a large portion of our society is being criminalised. With disqualification risk being so high motorists now demand to know their rights and wish to exercise them.
Newly Qualified Drivers
Your driving licence is automatically revoked if you build up six or more penalty points within two years of passing your first driving test. This includes any penalty points you had before passing the test, which are still valid. You’ll have to reapply for your driving licence as a learner driver and re-sit your driving test. You are in most jeopardy not just because you lack experience as a driver but because the penalties hit you faster.
The courts can order the immediate disqualification of the offender. The serious nature of the offence is reflected in the level of the maximum fine, £5,000, and the automatic endorsement of 6-8 penalty points. The police also have wide powers to stop vehicles and inspect certificates and the facility to obtain online information regarding your insurance position.
Careless and Dangerous Driving
In England the CPS suggests that the worst cases of using a mobile phone or MP3 player while at the wheel could land drivers with up to two years in prison. Worst cases of death by dangerous driving should be charged with manslaughter, the CPS says. We can expect that the authorities in Scotland will have close regard to our neighbour’s viewpoint and may adopt a similar stance.