Stopping procedure?

[Augustburnsred]

I was stopped the other day, I know I shouldn't have been driving, I had had four pints over the course of about 4 hours, with the initial intention of leaving my car at the pub, a phone call from my girlfriend who was stranded with a hour and a half wait for a taxi changed that.. I did make the decision to drive and it isn't one I'm proud of..

The point of my post, is to ask, if there's a procedure to be followed when stopping a driver at the side of the road, and what would be the end result of this being incorrectly followed? I had dropped a friend off at the side of the road on his street. To continue to collect my girlfriend, at this point my drivers side door was opened by a police officer, this was the first time I was aware of their presence, as they were in an unmarked car. He used a breathalyser with me still sat in the car, handcuffed me sat in the car and put me in the back of his car, at no point was I read my rights, this didnt happen untill I got released on bail..

Under normal circumstances I would be willing to take this on the chin, as it stands I was due to start basic training for the royal artillery on the 25th of February and this will be over with no driving license.. I hope the police have done something wrong?

 

[SeanJoyceStephensons]

It is very difficult to advise whether the police will have made a significant procedural error without having seen the prosecution papers first. On it's own an unlawful arrest does not prohibit the Court from convicting you, however it may be that if the police have made a mistake in this then they could have made a mistake with the testing procedure. It would be well worth having a solicitor review the papers at Court to advise you whether there are any grounds for a not guilty plea.

If you would like to discuss this further then please call my office on 0845 002 0736 and ask to speak to Alex.