Drink Driving is a serious offence which attracts a stigma and can cause those accused of such an offence a great deal of embarrassment. We understand the difficulties of being charged with this offence and the impact it can have on the life of the accused and their friends and family even when the charge is not justified.
Potential Loopholes
- Inaccurate or dysfunctional breath analysis equipment.
- Procedural flaws by police officers including not being offered a blood test.
- Breath specimens differentiating by 15% or more.
- Blood specimens not tested properly.
The definition of Drink Driving is contained within Section 5(1) (a) and (b) of the Road Traffic Act 1988 which states:
“If a person drives or attempts to drive a motor vehicle on a road or other public place…after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence”
The ‘prescribed limits’ are contained within Section 11 (2) and are 35ug of alcohol in 100 ml of breath, 80mg of alcohol in 100ml of blood or 107mg of alcohol in 10ml of urine. However, in reality, with breath specimens, the Procurator Fiscal Service do not normally prosecute where readings are below 40ug.
The normal process of obtaining specimens are governed by Sections 6 & 7 of the Road Traffic Act 1988. This involves an initial specimen of breath being taken at the roadside followed by two further specimens provided at the Police station if the first gives a positive result.
The Intoximeter EC/IR is the approved device, under section 7(1)(a) of the Road Traffic Act 1988, for analysis of breath specimens.
It is a common misconception that there is no defence to a charge of drink driving when in reality there are a number of defences and loopholes in the law which may be explored.
Contact the Specialists
No matter what the defence, defending a charge of this nature is highly complex. Accordingly, the task of retaining your driving licence should not be entrusted to inferior legal representatives when only specialist road traffic solicitors will do!
Our Specialist Road Traffic solicitors apply their knowledge of the law and use the countries best toxicologists, including Dr Gail Cooper of the University of Glasgow, Toxicology Department, to have your case thrown out where you have been wrongly prosecuted, prepare a robust defence or prepare a comprehensive and bespoke plea in mitigation if you are guilty of the offence.
If you are guilty, we can also recommend that you are placed on a Drink Driving Re-hab Programme which will reduce your ban.
Such is our expertise and success in this area that our solicitors representation of our client’s have made headlines in the national press including our Mr Sheridan’s representation of a client with the highest reading of alcohol in her breath for a female in Scottish history!
We deal with your case in the strictest confidence so that your friends and family and even your boss need not know.
Have you been charged with drink driving or expect to be charged with drink driving? If so, don’t leave anything to chance… Call us immediately.
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