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Drink Driving

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At the weekend I was arrested at my home for a drink driving charge. I had been out with a friend in a club, I had a couple of drinks, but went onto water. went back to friends house, with two people he had met. next thing a knew was being arrested in my house., for crashing into a car and leaving car in street. I cannot recall anything that happened at all, the last thing i remember is being in the house. I have never been in any trouble before, I would never get in my car and drive, however I was seen hanging over my steering well after the crash. I still cannot remember anything; I got blood taken and since being home felt ill slurring my words, and collapsing. This is not me. I think my drink might have been spiked what should I do?

Take this into one of our offices immediately and we will have it analysed by a forensic expert for traces of drugs. Meanwhile report your symptoms to your GP and find out from friends and family who was with you when your drink was spiked. This is an incredibly difficult defence to make out as the court are concerned that “The floodgates” could open if easily made. Certain tests have to be met by the defence in establishing this defence such as:- there must be evidence of drugs being present and evidence of “spiking”

I was involved in an accident on wednesday morning in Newton-Stewart. I had been drinking the night before but thought i was ok the next breath sample was 45. I was charged and bailed.

We need to check that all the proper procedures were carried otherwise you will lose your licence. It is not a defence that you believed you were under the limit. A mimimum sentence of disqualification of 1 year is possible although it could be higher depending upon the facts and circumstances of your case and whether you have been convicted for drink driving in the last 10 years. If we find that an essential procedure was not carried out by the police then we may be able to save your licence.

I have been charged with being in a car over the legal limit, I have 8 point already! Do you think I will receive a sentence or a ban and fine?

I assume that you have been charged with being in charge of the vehicle whilst over the legal limit and the answer to your question is that you will most probably be banned and would also receive a fine. If you had no intention to drive then you should defend your case and provide any evidence to the court to show that there was no intention to drive.

The police stopped me in Cadogan Street Glasgow last night and breathalysed me. Are they allowed to just stop me for no reason and do this? They took me to Stewart St police office and breathalysed me then gave me a till receipt type thing with a reading of 49. Will I lose my licence?

Quite a few questions there! Yes the police can just stop you. They will explain the reason later but they will also, no doubt, state that when they spoke to you they could smell alchohol from you and they suspected drink driving, therefore they can act on it. We assume you were breathalysed at the car then arrested and taken to police office for further breath analysis. If the reading is over the limit of 35 microgrammes of alcohol per 100 millilitres of breath or 80 milligrams of alcohol per 100 millilitres of blood then you are charged and usually given a pink A4 sheet called a “Bail Undertaking” (Police Bail) to attend court on a given date and time. You should contact us now for further advise and assistance. We can check out the test procedures etc and make sure that everything has been carried properly otherwise you face a mandatory disqualification from driving for at least 1 year

I was detained for drink driving over the Xmas period. I had a few at an office party and stupidly drove home. I do not think I was over the limit as I only had 3 pints in 4 hours. When I got to the police office i refused to provide a test until my solicitor was there. I do not have a solicitor i just said this to delay matters. The police said i was being stupid and charged me with Failing to Provide a sample. I told them I was NOT failing to provide but wanted my lawyer. Can they do this and am I likely to get banned.

Yes, they can do this. You have no right to await the attendance of a solicitor or anyone else. The court is likely to take the view that you had been drink driving and that his is why you delayed/refused the sample procedure, Normally you can expect to be disqualified in such circumstances but all is not lost. Contact us as soon as possible for further assistance.

I was recently taken to a police office and they asked me to provide a breath sample. I tried to do so but you have to blow into their machine for ages and I could not do it. The print out said “invalid” The police have still charged me with failing to provide and say I can I lose my licence. Is this right?

Yes you can. If the Police are acting within their powers and you refuse/fail to provide a sample of breath at the scene with no good cause, you commit an offence of failing to provide a sample. This does not carry a mandatory disqualification. If you refuse to provide the 2 samples at the police station, you commit the further offence of failing to provide a sample for analysis. This carries a mandatory disqualification just as if you had provided a positive sample. If you refuse, or simply fail to provide, at the scene and are then found to be well under at the police station, you still commit the offence of failing to provide a proper sample of breath at the scene but will not usually be disqualified. If there is a medical reason for your failure such as Asthma you must provide evidence of this at your trial. This will provide the defence of having a good reason and should result in acquital. Again you should seek legal assistance with this defence as it can be difficult to make out.

I was charged with drink driving and the police said I will get a three year ban. How do they know his and is it right?

If you have been disqualified for a drink driving offence within the last 10 years then it is correct that you will receive a minimum of three year ban. Depending on the level of alcohol in your system and the circumstances of the offence you could face a higher disqualification

The police charged me with drink driving having come to my house at New Year and claimed that I had been seen leaving my car in a drunken state. I did not want to tell them that this had been my son so said nothing at all. I was over the limit as I had been at home and had been drinking. Will I get done?

If the drivers identity is accepted by the Sheriff then it would be accepted that you had committed no offence. The procurator may well make good use of the fact that you did not say at the time of offence that another person committed the offence and that you have now conveniently made up this defence. You will need a skilled solicitor to present you case and incriminate your son. Your son can be called as a witness for you. The Sheriff will give him a warning that he need not say anything that need inciminate himself and he would do well to heed the warning. If any other persons saw your son return hme that night then you should cite them as defence witnesses. Do not expect the court to simply accept your explanation without good evidence.

I was recently breathalysed and found to have a reading of 49. The police did not offer a blood or urine test. Do I have a defence?

Yes, you have a defence but your solicitor will require to check certain forms that will be lodged in court regarding the case procedure and speak to the police regarding what occurred at the test. The bottom line however is that if your reading is 50 or less then you should have been offered blood or urine test.

I was stopped last night & charged with drink driving. The sample I supplied gave a ready of 79. I have no other driving offences of this nature . What penalty can I expect ?. Please can you also tell me how significant it is that on pink discharge sform, the Police have the wrong name, (specifically they have written my middle name incorrectly). Please advise, thank you in advance.

Expect a 12 month to 24 month ban. You are more than two times the limit and many Sheriffs take the view that this level should attract more the mandatory minimum (12months) The pink “Discharge Form” is actually a bail form setting out your police bail terms and giving a date for you to attend court. The middle name issue is of no significance I am afraid.

I was recently done for drink driving after a night out in aberdeen (i’m from glasgow). My cars clutch had gave way earlier that day and was not movable. After the night out i was walking around to find a taxi and stumbled accross my car, i sat inside it and put the heating on. The police drove by and arrsested me for attempting to drive whilst drunk, even though i knew the car couldn’t drive. They accuse me of trying to drive anyway. Do i have a defence?

You would have been charged with being drunk in charge of the vehicle and could still expect to be disqualified if convicted. Get your car clutch checked immediately by a reputable mechanic and ensure they know that they may require to give evidence. Perhaps your vehicle was recovered by a rescue service- Let your lawyer know who and when to enable the person who eventually moved your car to be traced and cited as a defence witness. You have a strong defence and should plead not guilty. If we can assist you should not hesitate to call 0800 011 9744.

Hi, I have been arrested for drink driving. I am going to court. (I had a reading of 0.75) I would like to know if I can pleed not guilty, and what the consequences would be. The idea is that I would like to postpone the court decision so that I can do arrangements before I get my licence taken away. Will it work ? Will I get in even greater trouble ? Thank you for your answer.

You can ask the court to continue your case without plea for 3 weeks to enable you to put your affairs in order. Alternatively you can plead Not Guilty and have a date set for trial and Intermediate Diet. The court will always discount an early plea therefore if you plead at the outset they will reduce the monetary element of the sentence by 1/3rd. If you plead at Intermediate Diet many Sheriffs apply the full discount. If you wait until trial and inconvenience witnesses and the court then NO DISCOUNT will be applied however no EXTRA punishment is meated out. Unfortunately a mandatory minimum ban must be imposed of 12 months. Since your reading was 75mg (Twice the limit you may expect a higher period of disqualification.) It may be worth your while instructing us to investigate the case against you and see if a technical defence could be presented. We would then plead not guilty and receive the P.F.s case summary, carry out some further enquiries and advise you further. Much will depend upon who the Sheriff is, what court the case calls in and who represents you. If you require our further assistance with your drink driving charge please call 0800 011 9744.