Kept in Custody

[Luna2000]

I am posting this in an attempt to find out if what happened to me was/is normal or if I was dealt with unfairly. I am in Scotland

In 2017 I was arrested on a Friday evening for drink driving. I cannot remember what I blew at the roadside, but it was in excess of 100. The evidential breath reading was 124. With the Scottish limit being 22, I was 5.6 times the legal limit.

I fully expected to be released the next morning after I had sobered up, but I was informed by the Custody Officer that because of my reading, I was being kept in Police custody over the weekend and going straight to court on Monday morning. The reason given was that the Lord Advocate had decreed that people with readings as high as mine would not be released until taken to court.

Now I hadn't been violent, hadn't been abusive or cheeky, hadn't crashed or injured anyone or anything, and because of this I was unable to obtain character references etc. or even speak with a lawyer until the day of the trial.

It was a long time ago and I don't intend doing anything about it, but I just wonder if anyone else in Scotland has experienced this treatment?

 

[Norts]

I'm not in Scotland, but I was also remanded. Fortunately mine was on a weekday, so I was in court the following morning. It was my 2nd offence and I blew 52 (50 at the station). The custody sergeant said that because it was my 2nd offence I was only going to drive if he bailed me, so he kept me in. I asked him to impose bail conditions on me to not drive, but he was having none of it. When the Duty Solicitor saw me the following morning his first comment was 'firstly, why on earth are you even still in custody?' He tried to make a claim against the police for unlawful detention but it went nowhere. The police stated that I was a repeat offender and the chances of me driving on bail were 'highly likely'. They weren't. The first time I got arrested I was on bail for 6 months and never drove once whilst on bail.

 

[Campbell1411]

Hey Luna, I’m in Scotland as well. I blew at 42 on a Friday evening and I was released 6 hours later and taken home by police. It may be because your reading was so high. My brother was caught 16 years ago and a high reading (think around 102) he was kept in over the weekend and attended court the Monday. I remember it as we were so worried about him because no one could get a hold of him until the police showed up when we reported him missing they informed us he was being held until court on the Monday. I do think it goes on the reading as you would have been classed as a HRO where as mine was low. Not 100% sure though x

 

[MaryM123]

I’m not in Scotland but blew 137, I was kept in until 11.30pm (arrested noonish, so ashamed with my reading and the time everything happened) but the police couldn’t have been more lovely to me

 

[Luna2000]

Hey Luna, I’m in Scotland as well. I blew at 42 on a Friday evening and I was released 6 hours later and taken home by police. It may be because your reading was so high. My brother was caught 16 years ago and a high reading (think around 102) he was kept in over the weekend and attended court the Monday. I remember it as we were so worried about him because no one could get a hold of him until the police showed up when we reported him missing they informed us he was being held until court on the Monday. I do think it goes on the reading as you would have been classed as a HRO where as mine was low. Not 100% sure though x

The communication by Police Scotland is abysmal. They basically don't care how worried your family is. When I was arrested, they wouldn't let me call and tell my wife what was happening so my son ended up tramping the streets after seeing my car parked up wondering where I was. He eventually stumbled across 2 cops who called the station and told him I had been arrested. They seem to make up the rules as they go along. All I wanted to do was use my mobile to call home but was 'banned' from doing so with no explanation. I mean, it was drunk driving, not drug dealing. It also seems to be arbitrary as to whether they allow you to leave or keep you in custody. The 2nd time I blew 96 and was allowed home in the early hours of the morning from a police station 10 miles from where I lived wearing a pair of slippers on my feet and no jacket with no offer of a lift home.

 

[SoStupid]

I’m in Scotland and blew 135 at the roadside. I was kept in cell overnight but then released the next morning with an undertaking paperwork.