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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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i failed a road side breath test on being taken to taken to

Resolved Question:

i failed a road side breath test on being taken to taken to police station .I was not given a letter of rights , until after I had been quested, is this legal?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think it may not be?
Customer: replied 2 years ago.

It says on letter of rights (which I was not given until after I was questioned)i have a right to remain silent, you do not have to answer any questions,BUT have to give your name address and date of birth

Also the right to speak to a lawyer in private Before the police question you

They did eventiaty contact my lawyer by telephone , but I was not given the opportunity to speak to him

Expert:  JGM replied 2 years ago.
Thank you for your question.
I see you have posted a related question referring to Scots law. Are you in Scotland or England?
Customer: replied 2 years ago.

scotland

Expert:  JGM replied 2 years ago.
Thanks for your reply.
Before they questioned you did they say verbally that you didn't have to answer any questions and that you were entitled to have a solicitor present?
Customer: replied 2 years ago.

no,they did eventually say I was entitled to to a solicitor , and phoned my one, how happened to be on holiday, but I did not get opportunity to speak to him

Expert:  JGM replied 2 years ago.
In this type of case the police wouldn't necessarily interview you. They would ask you to give a breath sample at the police station, ask if you want anyone informed where you are and then release you once sober with a CAMIC reading and a bail undertaking form.
Only if they wanted to interview you under caution would they have to tell you that you are entitled to have a solicitor present at the interview.
If they don't carry out these procedures that is something that your solicitor can deal with at any subsequent trial if the failure to follow procedures has resulted in prejudice to you.
I hope this helps. Happy to discuss further.
JGM, Solicitor
Category: Law
Satisfied Customers: 10274
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

they asked all the questions, before they gave me a breath test

Expert:  JGM replied 2 years ago.
In that case under Scots law, your solicitor may want to make something of this, if you were prejudiced as a result.

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