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Is this normal?

Kevpen

Member
I was arrested on 30th Nov 2013 in glasgow and breath tested and conveyed to the station were I blew under 50 twice, think 48 and 46.

I gave blood sample for myself and one sent away. I was served citation at home address in person on 12th may 2014 and this showed I was 86mg to 100mls blood.

However it said blood was analysed on 12th Feb so this begs 2 questions. Why so long and why a delay from 12th feb to 12th May as if it seems all info was present in Feb?

I was given court date 31st Oct and pled not guilty as I wish to pursue the validity and integrity of the blood sample as I have no idea why it took so long and how it was stored?

I now have intermediate diet 31st March and trial diet 28th April.

I find it very strange that in a drunk in charge case the pf who I assume prosecutes cases in the public interest are effectively letting me drive for initially 11 months before I can first enter a plea and they have no idea my element of risk to the public.

Any advice or thoughts are appreciated.
 

Michael Lyon

Road Traffic Solicitor (Scotland)
Dear Kevpen

Thank you for your post.

From the delays in bringing the case to Court, I would hazard a guess that your case is in Glasgow Justice of the Peace Court?

The prosecution, in my view, remains to be ECHR compliant (at this stage) although should any further delay be engendered on the part of the Crown then I would suggest there may be compatibility issues arising therefrom.

The analysis of the blood specimen should be properly investigated. I have experience of a large number of cases where I have been able to successfully object to the admissibility of the blood specimen and you may wish to contact me directly to discuss this further - http://www.theroadtrafficlawyer.com

Regards

Michael Lyon
 

Kevpen

Member
Thanks for your reply Michael.

Re ECHR that is interesting as although I am still driving I am being penalised due to the delay in our court/justice system.

Would the fact I have no points on my licence and also my girlfriend can advise the court she was meeting me off the nightbus and I told the police at the time potentially help me?
 

Michael Lyon

Road Traffic Solicitor (Scotland)
It would appear that you may wish to rely upon the statutory defence contained within s.5(2) of the Road Traffic Act 1988, namely that there was no likelihood of driving whilst the proportion of alcohol exceeded the prescribed limit. Your girlfriend should be cited as a defence witness and I would also observe that the fact you mentioned the arrangement to Police certainly assists the credibility of the proposed s.5(2) defence.

This is a very common line of defence and a toxicology report will normally be required to establish the time at which your blood-alcohol reading would have fallen below the prescribed limit.
 
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