Scotland

[Murry]

I was in Grassmarket Scotland and parked my car up for the night in a road called Heriot bridge and went to restaurant and a couple of bars and had only a few pints on leaving the area we passed were the car was parked and my girl wanted her coat so I opened the car for her we had a small argument and police attended and breathalysed me it read 29 mgs and was arrested and refused to use the machine in the station, banned for 12 mths and 600 fine charged me being in charge of a vehicle I’m on income and support allowance for siatica and depression and anxiety the solicitor failed to get cctv off the apex hotel as I requested would of proved vital in court a total justice failure by the duty solicitor as I live in Merseyside and just could not afford to go back and forth for evidence myself

 

[craig121]

Unsure where we're going this thread!
But if you only blew 29 roadside why on earth did you refuse the blower at station am searching

 

[Honestman]

Unsure where we're going this thread!
But if you only blew 29 roadside why on earth did you refuse the blower at station am searching

Yeh I think he's pointing out the fact that "he simply opened the car door" and therefore at best should of been charged with drunk in charge carrying 10 points and leaving him with his licence, a miscarriage of justice being banned altogether ......and the evidence from cctv would of proved this....

 

[Recovered22]

By the time you got to the station you may well have blown under 22, I blew 110 at the roadside and by the time they tested me in the station I blew a 93 and that was the reading I was charged with. You more than likely would have blew under or within the 2mg leeway at the station mate. To be fair you probably should have been done for drunk in charge than for DR10.

 

[price1367]

Yeh I think he's pointing out the fact that "he simply opened the car door" and therefore at best should of been charged with drunk in charge carrying 10 points and leaving him with his licence, a miscarriage of justice being banned altogether ......and the evidence from cctv would of proved this....

The roadside one was only an indication, they are not legally accurate and even if it was, the reading could have been going up if he had recently been drinking.
You are right to say 10 points for in charge being the norm, but he was convicted of "in charge - failing to supply" which is mandatory minimum 12 months.... see the guidelines below:

Drink Driving Penalties: Sentencing Guidelines

Find out the penalties for drink driving related offences upon conviction of an offence at court.

www.drinkdriving.org

The problem with the failing to supply is that it doesn't even matter if he could show that he was only getting the coat, he was still in charge of the vehicle. If he had provided the breath samples at the station he could then have argued that there was no likelihood of him driving, but for fail to supply all the police have to prove is that they reasonably suspected him of being in charge... and he failed to supply.

 

[Murry]

I wasn’t in my car when the police arrived I was standing across the road and told them my partner was getting her coat and said you have no right to breathalyze me and the police falsified their statements constable mckenzie opened the passenger side door of the vehicle and constable Reid the drivers side door and stated I shouted I’m getting out witch was a complete lie I wasn’t even in it my Scotish solicitor failed to get the cctv off the apex hotel in Grassmarket Edinburgh he was the duty solicitor appointed to me I felt being stitched up I didn’t know how it works I would never drink drive and have been charged as one I just panicked in their custody as I don’t have faith in them as I was assaulted by 10 of them and won a out of court settlement 3 years ago I have a week to appeal and looking for advise

 

[Recovered22]

I think you have misunderstood what a duty solicitor is expected to carry out. A duty solicitor isn't supposed to gather evidence for you, the purpose of a duty solicitor is solely representation on the day of your case in court.

If you had have wanted a solicitor to gather CCTV evidence on your behalf and present it for you then you should have paid a solicitor to do that. You can't slate the duty solicitor when their job was only to represent you in court and they did that.

 

[price1367]

If you were nearby the vehicle, and it was on a road or public place then it can be construed in law that you were in charge of it. You certainly appear to have been in charge of it as you unlocked the car......
If you fail to supply a sample without reasonable excuse then you are guilty of an offence that carries a minimum 12 month ban..... which you got.
Did you plead guilty or not guilty? If you pleaded not guilty it would have been adjourned and you could have requested the cctv footage yourself from the hotel, but if it shows you unlocking the car then it only proves that you were in charge of the vehicle! If you had supplied a breath test at the station you could have had a possible defence but you have ruined that by refusing.
if you pleaded guilty then you can only appeal against the sentence, not the conviction... and as you got the minimum sentence for the offence there would be no point.

 

[topchippyles]

I wasn’t in my car when the police arrived I was standing across the road and told them my partner was getting her coat and said you have no right to breathalyze me and the police falsified their statements constable mckenzie opened the passenger side door of the vehicle and constable Reid the drivers side door and stated I shouted I’m getting out witch was a complete lie I wasn’t even in it my Scotish solicitor failed to get the cctv off the apex hotel in Grassmarket Edinburgh he was the duty solicitor appointed to me I felt being stitched up I didn’t know how it works I would never drink drive and have been charged as one I just panicked in their custody as I don’t have faith in them as I was assaulted by 10 of them and won a out of court settlement 3 years ago I have a week to appeal and looking for advise

Should have gone to this man

 

[Murry]

Unsure where we're going this thread!
But if you only blew 29 roadside why on earth did you refuse the blower at station am searching

The roadside one was only an indication, they are not legally accurate and even if it was, the reading could have been going up if he had recently been drinking.
You are right to say 10 points for in charge being the norm, but he was convicted of "in charge - failing to supply" which is mandatory minimum 12 months.... see the guidelines below:

Drink Driving Penalties: Sentencing Guidelines

Find out the penalties for drink driving related offences upon conviction of an offence at court.

www.drinkdriving.org

The problem with the failing to supply is that it doesn't even matter if he could show that he was only getting the coat, he was still in charge of the vehicle. If he had provided the breath samples at the station he could then have argued that there was no likelihood of him driving, but for fail to supply all the police have to prove is that they reasonably suspected him of being in charge... and he failed to supply.

In the police station I asked for a drink of water and the officer went missing for 5 minutes and returned to tell me she’s not sure I can have one and said Paul you using the machine my reply was not sure you know what your doing then she said you are not going on it and I said what do you mean I am then took me to a cell , she knew I would pass it stitch up. Then interviewed me 30 mins or so later over the original reason y they came to Heriot bridge of reports of a domestic which we told them wasn’t happening,and the so called witness withdrew their evidence and didn’t want to be involved........total shambles

 

[IdioticEnglishinScotland]

My experience of the police in Scotland was not a positive one! Read my thread. They were mean, they lied and they put me in a concrete hole of a prison cell all night for a low reading of 34. Really shocking as I always had a high opinion of the police up until this point.