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Drink Driving Charge Airdrie

Kept Licence
Airdrie Sheriff Court

 

Drink-Driving Charge Airdrie

Airdrie was awarded the dubious honour in 2016 of being the drink-driving capital of Scotland. Drink-driving is a serious offence that carries a mandatory period of disqualification of at least one year and a stiff financial penalty. Drink-driving is an offence that is ordinarily prosecuted in the Sheriff Court.

Airdrie Sheriff Court Drink-Driving Charge

Our client was charged with drink-driving in Airdrie and enlisted our services to defend the charge. We attended at the Undertaking and entered a plea of not guilty to the charge. Our client had been discovered within his vehicle consuming beer although he did not have any intention of driving and maintained that he had only commenced drinking once he had stopped driving. A hardworking man, he was simply having a terrible day and the intervention of the police was the icing on the cake.

We received all of the evidence in the case and it was immediately apparent that there was no evidence whatsoever that would allow the Court to find our client guilty of drink-driving. The best that the Procurator Fiscal in Airdrie could hope to achieve was a conviction for the statutory alternative of being drunk in charge of a vehicle.

Drunk In Charge Penalty Scotland

We called the Procurator Fiscal in Airdrie to discuss the merits of the case and negotiated hard to have the original drink-driving charge reduced to drunk in charge which carries a significantly lower penalty. The minimum penalty for an offence of being in charge of a vehicle whilst over the legal limit is 10 penalty points (although the Court retains a power of discretionary disqualification). 

Client Avoids A Ban For Allegation Of Drink-Driving

Having agreed a plea to a contravention of section 5(1)(b) of the Road Traffic Act 1988 (drunk in charge) we attended at Airdrie Sheriff Court for a specially convened accelerated diet which we had orgainsed with the Crown in order to ensure that our client was eligible for a significant reduction in sentence. We presented our client's personal circumstances stressing the importance of his licence and persuaded the Sheriff that the minimum endoresement would suffice in the circumstances. Our client - having originally been charged with drink-driving - left Airdrie Sheriff Court with 10 penalty points endorsed on his driving licence and a modest financial penalty. A fantastic result for a nice man caught in a difficult situation.

Should you ever have the misfortune to find yourself accused of drink-driving in Scotland call the road traffic lawyer for expert legal advice. 

 Kept Licence!

Published: 22/08/2017

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