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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I was breath tested in Scotland on 05/06 this year. My reading

Customer Question

I was breath tested in Scotland on 05/06 this year. My reading was 28mcg. I was not offered blood/urine tests. I have a clean driving license for 25 years and no previous convictions. I am female, widowed 5 years ago and live alone on a farm. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

Hi,

should I have been offered blood/urine tests and what is the chances that I will lose my license?

Expert:  Jo C. replied 1 year ago.
If you are in Scotland then this is over the prescribed limit which increased in December of last year.
Since your reading was under 31 then under section 8 (2) of the Road traffic act 1988 the police should explain to a person that they may claim that the specimen should be replaced by either blood or urine.
I don't know whether or not that did happen in this case but that is what the law provides.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hi Jo,

as stated earlier I was not offered the option of blood/urine samples. I was told after fingerprints/DNA results came back that I would be breath tested again and this did not happen. I was given my belongings and "released". Given what I know now, the police have not followed proper procedure. Why 31mcg? I thought it was a strict 22mcg in Scotland?

Karen.

Expert:  Jo C. replied 1 year ago.
It is. As I said above, it was reduced in December 2014.
If they didn't make that offer then they haven't followed proper procedure but that doesn't mean they can't prosecute. It just gives you a challenge to the certainty of the reading.
Customer: replied 1 year ago.

"Certainty of the reading"? The machine was calibrated, surely this is about police procedure? Again, why did you mention 31mcg?

Karen.

Expert:  Jo C. replied 1 year ago.
Because that is the amount under which a blood or urine test should be offered. It is in the legislation that I gave you above.

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