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Drink Driving Defence Glasgow Sheriff Court Not Guilty

Kept Licence
Glasgow Sheriff Court and Justice of the Peace Court

Our client was accused of driving whilst the proportion of alcohol within her breath was 59ug per 100ml of breath contrary to section 5(1)(a) of the Road Traffic Act 1988 (at a time when the applicable limit in Scotland was still 35ug). 

Apart from the stigma, drink-driving carries a minimum 1 year disqualification if convicted. The Court can also - on the motion of the Prosecutor - grant forfeiture of the vehicle which was being driven at the time of the offence. 

Our client did not commence drinking until after she had stopped driving. 

We investigated the case thoroughly and instructed a forensic toxicologist to prepare a report based upon the time at which our client stated she had started drinking. The toxicology report independently verified what our client had told us. 

Following a trial at Glasgow Sheriff Court, we successfully argued the 'hip-flask defence', namely that this was a case of post-incident drinking. The Sheriff found our client not guilty of drink-driving. Our delighted client was permitted to continue her hitherto perfect driving career.

 Kept Licence!

Published: 06/11/2017

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