Discrepancy's With EBT and procedures

Convicted Driver Insurance

andyboy

New Member
My friend (sobore) was driving my car ( I had a few drinks) and we were followed by a police vehicle as a neighbour had reported us as drink driving, the car followed us for about 4 miles and pulled up behind us when we parked at my friends house ( we were never forced to stop nor was the lights or sirens put on) and I got out first from the rear passengers seat pushing the drivers seat forward and getting out before the driver and I walked towards the police car and the police officer was getting out his car (only one police officer in this car) and he asked me a question from the distance which I believed to be is this your car and I replied yes, he got out and stood with me with my back turned while walking to the police car my 2 friends got out my car and walked into my friends house they were not stopped or questioned, the police officer stood with me holding m arm and another car came with 2 police officers, they two got out and approached me and said were you driving the car and I replied no but it's my car and then the single officer said you said you were driving the car to which I replied no I wasn't however I was forced to take a roadside breathtest as I was told I would be arrested if I never. So I took it, I didn't believe I would fail, I had only had 2 cans of strongbow all night and was sick as I wasn't feeling well.

None the less I was arrested and this is when it gets stranger. When I was arrested I asked when will I get out as I was godfather to my nephew the next day at his baptism and they said co operate and you will get out, so I did. They said they could keep me into tuesday, this was friday and monday was a holiday weekend so i co operated.

Now firstly the readings from the breath machine were all over the place, the machine would not provide accurate readings, 34, 78, 79 and 33 and in that order. The woman was getting very angry that they could not get readings threatening and stuff about being kept in until tuesday. They went to do reading 5 and the machine bleep just as I was about to blow and she said no it's fine we got the readings. To me the machine was playing up.

Also the booklet they filled in was tore in half, it was the only one they had so they filled it in, read it out to me and I signed it and was returned to my cell.

Later I was woke in my cell and told to sign a new book. One which was not tore, I said are you not going to read it what is it I have to sign and they said its the booklet we filled in earlier I said why do I have to sign another one and they said the last one was tore and they had went to a sub station and got more booklets it was the same data as previously just on a book that is not tore, so i said how do I know the data is the one from last and was angrily told to sign it so I signed it and wrote 2nd booklet next to the signature, the cops went mental and got a new one and made me sign the new one with just my signature, again reminded I wont be discharged until tuesday if I don't co operate so I did feeling bullied really.

Now I have a solicitor and he says a sheriff officer is not going to believe my statement and witnesses over 3 police officers as they have reported that I said to all them I was driving the car.
He has asked for tests on the machine to go down that route however I am not all pleased with the dealings. He says he will take it to trial but the odds are against me and is disputing the 4 readings as the police statements only have 3 readings on them when there is 4.

Can anyone give me any help with this with the fact there was one copper in the first car before the other two arrived, also the 4 readings nearly a fifth reading and also the issues with the booklet.

Many thanks, I have tried to be as detailed as i can be.
NB: This all happened in scotland so Scots law.
 
Unfortunately Scotland is a separate legal jurisdiction and as such I can't give you detailed advice regarding your case.

However, in general terms, the additional breathalyser readings may be the machine performing its self-calibration checks. EBTs are designed to purge themselves and check themselves during the breath test procedure. Those checks have to be within a certain range to ensure that the EBT is functioning correctly. Readings of 34 and 33 would be within that range.

If you would like to speak to a specialist solicitor in Scotland who deals with these kind of cases, let me know and I can send you a private message with the relevant contact details.


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
Yes Please,

If you could give me some advice on someone who can help in Scotland that would be great I did previosuly speak with firm however they advised me to speak to my solicitor and I just feel I am getting no where with my current Solicitor.

Can you change solicitors and also will my free lagal aid I have with my current solicitor end due to switching if I do.
 
I've sent you a private message with some contact details for a firm in Glasgow who we work very closely with.


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce0
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top