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When arrested for Drink Driving are your possesions takes before you are tested ?

#1
I was arrested in Scotland at 2:46 but made a phone call at 5:30 in the morning I was wondering if they would have taken the test before taking my possessions. Hopefully my alcohol level would have dropped in that time.

I was held over night on the early hours of Sunday morning after a blood test as the breathalyser at the station wasn't working, at the holding cell at court on Monday, before I saw a judge I was given Procurator Fiscal liberation without charge or bail conditions, I have my car back and im still driving it. I take it I will hear back from the police one the blood results come back.

I also dont remember giving the health professional permission to take the test only the Police. Isn't it policy that you have to give the health professional permission as well ?

I wasnt given the choice of what blood sample to choose to take as well, I am led to believe you choose the sample you want to take for analysis. My roadside reading was 109.

Very silly thing to do but I had a few drinks at dinner, fell asleep and felt ok to drive as I have a pretty high alcohol tolerance.

Is it worth paying a specialist road traffic lawyer £2000 to fight this or is it simply a case of taking a duty lawyer as I have no chance of saving my licence ?

Any advice appreciated
 

Michael Lyon

Road Traffic Solicitor (Scotland)
#2
David,

Any delay in the taking of your sample is to your benefit, although it is within the Crown's gift to seek to "back-calculate" the reading to the time at which you were driving.

At present, it is a matter of waiting for the blood specimen to be analysed; if you are found to be over the limit then you will receive, in time, the relevant court citation.

Matters relating to permission and choice of specimen may be pertinent to your defence but that really only becomes pertinent once you know you are to be prosecuted.

It is worth defending the case, but you need to tread carefully when choosing representation as there are many purported specialists in this field who may tell you what you want to hear at the beginning of the case but fail to fulfil their promises.

Certainly, I note that you have yet to speak to this firm and advise that doing so upon receipt of your citation would be a wise move.
 
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