Breathalyzed 28mg! Advice

Daisylady

New member
Hi,

I am looking for some advice after being stopped by the traffic police for speeding on Sunday around 10.15am I failed a breathalyser test at road side I was then taken to a police office where more breath samples where taken just before 11am and recorded at 28, I was given the option to have a blood sample taken which I opted for so I was then held at the station awaiting a doctor coming to take blood. The doctor arrived around 2pm to take the bloods I was then charged for speeding but not drinking pending results. I was released and dropped of at my car straight after my bloods to drive home. I'm just wondering what my next step should be should I contact someone for legal help now or wait for the blood results to come back as I don't know if I'll be charged I've no idea if it will be positive or negative I do have a sample of the blood work. Any help would be grateful.

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Michael Lyon

Road Traffic Solicitor (Scotland)
Dear Daisylady,

Thank you for your post.

Your blood will have been sent for analysis and the results will generally be available 6-12 weeks hence. In analysing your blood sample, the forensic scientist will ordinarily perform a 'back-calculation' to determine what the level alcohol was in your blood whilst you were driving. If the level of your blood alcohol was more than 50mg at the time of driving then you can expect to receive a citation to attend at Court for a contravention of section 5(1)(a) of the Road Traffic Act 1988 and speeding. Conversely, if your blood reading was below 50mg then you can still expect a citation for the speeding matter.

We advise that the independent analysis of samples is undertaken. There are strict time limits that apply due to the degradation principle and, again, advice should be sought at the earliest opportunity. Clearly a degree of expense will be incurred by instructing an independent analysis although it could be the best money you have ever spent. Contact should be made with the University of Glasgow, Department of Forensic Medicine and Science, University Place, Glasgow (0141-330-4574) as recognised analysts under the Road Traffic Acts in Scotland.

Apart from that, no further action is required from you at this stage; you simply have to await the outcome of the police analysis.

A conviction for drink driving will result in a minimum period of disqualification for at least 12 months (or 3 years if there has been a previous disqualification for a similar matter within the preceding 10 years) and a substantial fine.

On a more positive note, 'back-calculation' cases can be extremely difficult for the Crown to prove and should always be challenged in Court. For further guidance in relation to drink-driving offences, please see http://www.theroadtrafficlawyer.com/drink-driving/

As always, we are available to discuss matters by telephone on 0141 550 1074.
 

Daisylady

New member
Thanks for your reply. I am taking the bloods in today for my own analysis, so I now only need to await what the outcome is from the police. I will be challenging the outcome of the drink driving if being charged. In relation the speeding offence am I able to fight this in anyway if there is possibility of a ban?
 

Michael Lyon

Road Traffic Solicitor (Scotland)
Dear Daisylady,

You may contest the speeding charge and we would be happy to represent you.

Please contact our office when you receive your citation.

We are happy to discuss matters with you at any time.

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