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Advice please

craig121

Well-known member
#1
Hello,
Seeking advice on a charge I am due to appear in court 2 weeks;
The charge is listed road traffic act section 6 S6(1) 6(2) 6(6) original post forum# caught convited/ help caught with alcohol.

Just to confirm I fully co-operated with officers and my inexperiance failed to blow long enough first attempt/ second attempt succesful but machine registered 200+ and officers realised there handhelds should be switched off* I asked that this information was logged I was alarmed by the high reading, the 3rd attempt was success and machine registered 45 and was taken to station given the breath samples there again full co-operation.
Please what is happening and why only 1 charge which does not relate to the facts.
I was at no point ever cautioned for not complying purely because I did fully comply.
I am really stressed already and last thing I need is this*
P,s I have ready appointed a solicitor and payed upfront but I never forseen the charge and the gravity of same for either party, if the charge is obviusly wrong where we going from here in court?
 

Michael Lyon

Road Traffic Solicitor (Scotland)
#2
Craig,

Thank you for your query, although I should point out that I am restricted in how much advice I can offer owing to the fact that you are presently represented.

The section 6 charge relates to failing to give a preliminary specimen of breath for analysis, often colloquially referred to as the roadside test. A defence of 'reasonable excuse' exists with the onus of proof on you to establish it on balance of probability.

You should contact your solicitor forthwith as they will be best placed to fill in some of the blanks for you.

Best of luck,
 
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