Need advice

Sophie_81

New member
Yesterday I went to collect breakfast & had a drink the night before. The police stopped me as my partners car had no MOT (in garage today getting 1) I wasn't aware of this thought. As they stopped me they carried out a breathalyser and it read 44. I was taking to the police station and let back out yesterday evening.
I was very honest with the officers and done everything they asked. This was my 1st time ever getting into any sort of trouble with the police & I have never had any problems with driving since I passed my test in 2012. When we got to the station I used the machine and was in that part of the building for around an hour due to the machine having problems printing the slip out and that they would maybe have to get bloods taking from doctor. When it finally worked they only got 1 and had to photo copy them but then the others finally came out so no blood test was taking, the police office said the sergeant that they needed to get the machine looked at.
I take full responsibility for my actions and although I felt ok I clearly was over the limit and will have to deal with the punishment I receive. I couldn't be more disappointed & sorry that this has happened as its something I am totally against but due to the location on my work I would need to leave if license is lost for a long time. Could you please advise me on what you think the outcome will be and what I should be going forward? I am up at court in May

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Michael Lyon

Road Traffic Solicitor (Scotland)
Sophie,

If your intention is to plead guilty then this is best tendered at the first calling of the case as you will then be eligible for the maximum discount in sentence. The starting point for disqualification, however, cannot be lower than 12 months. It would be hoped in all the circumstances, in particular your hitherto unblemished record and the fact that this incident appears to be borne of nothing more than an error of calculation on your part, that the Sheriff will be minded to impose the minimum ban.

The Court should also be addressed on the approved driver course; if you are afforded this opportunity it will reduce the length of disqualification imposed by up to 25%.

It is always advisable to engage representation in a case such as this to give you the best chance of securing the minimum penalty of a 9 month disqualification.

Regards,

Michael Lyon
 
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