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Are you worried about the consequences of a conviction for drink driving? Our lawyers can provide you with the advice and representation you need.

Drink Driving Law in Scotland

If you have been charged with drink driving, and the Courts uphold this conviction, it is possible that you may be issued with one or more of the following: a substantial fine, insurance fee penalties, losing your driver’s licence, driving disqualification, or forfeiting your car (particularly if this is a repeat offence). If the offence is serious you may receive a prison sentence, which may result in losing your job and income.

It is a criminal offence under s5 of the Road Traffic Act 1988 for any person to drive, or attempt to drive or be in charge of a vehicle in a public place or on a road if they have consumed a quantity of alcohol that exceeds the prescribed limit. It is also illegal to drive, or be in charge of a mechanically propelled vehicle in a public place or road while unfit due to the influence of drugs under s4 of the Act.  

Drink driving defences Scotland

Evidence is a common source of dispute when it comes to alleged road traffic offences, for example surrounding the availability and accuracy of police equipment readings. Road traffic lawyers can help with investigation, as well as investigation of the crime scene, and give advice based on experience.

For that reason, pleading guilty to a road traffic offence is not necessarily the first consideration. For example, faulty equipment may have been used for the breath test; therefore it is important that the accuracy of such equipment is challenged.

It is important to note that failure to take a breathalyser test is an offence under the Road Traffic Act 1988 s6. Furthermore, it is also an offence to fail to supply urine or blood without reasonable excuse. If you have refused to supply these, it is important to contact a specialist road traffic solicitor as early as possible in this situation, considering that a consequence of failing to give reasonable excuse may result in a long disqualification from driving. Under s7(7) the police officer who requests the sample must warn the driver that if he or she fails to provide the sample that they may be liable to prosecution. If the police officer does not follow the correct procedure, then the specimen provided may be inadmissible.

Road traffic defence solicitors can present a plea in mitigation to the courts, even if a drink driving conviction is maintained. The plea will depend on both personal circumstances and the facts of the case.

Motoring Defence Lawyers Edinburgh

Thorley Stephenson, road traffic lawyers, have a team of experienced solicitors who understand that going to court for a road traffic offence is a stressful experience. Our criminal defence lawyers can represent you from the time of the first police enquiry, through to the police interview, and give you representation and advice in court.

Thorley Stephenson understands the importance of protecting your licence and the impact that prosecution in this area may have upon you and your family.  Based in Edinburgh, we can represent you in any criminal court in Scotland.

Contact Our Drink Driving Defence Solicitors Now

Our solicitors aim to provide clients with the best possible legal advice and representation for them on all types of drink driving defence and road traffic law matters. Please contact us today on 01315569599 to speak to one of our solicitors.

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THORLEY STEPHENSON SSC
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