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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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Scottish Law, if the PF asks car to be seized and

Resolved Question:

Scottish Law,
if the PF asks for a car to be seized and the Judge agrees pending trial and possibly confiscation. Is there an actual record of request to be seized and if the car is sold whilst under order of seizure, what would happen?
Terry Hamilton
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
What is the charge?
-Could you explain your situation a little more?
Customer: replied 1 year ago.

My wife was breathalysed one hour after driving home in the house, she was not caught drinking and driving but once home consumed a large amount of alcohol, sufficient to be 6 times over the new Scottish Limit, so she was charged with drink driving but the charge has to be incorrect as she was not caught by the police driving whilst under the influence. She was reported by shop staff where she purchased the alcohol as in their opinion she was under the influence. She got home at 10.07am and consumed bottle of vodka and at 11.10am the police arrived and breathalysed her. I do not condone drink driving and if it is proven she was under the influence whilst driving so be it but the fact remains she was breathalysed hour later and had consumed bottle of vodka.

Expert:  JGM replied 1 year ago.
She will have to see a solicitor who is acquainted with the cases on the subject of "after the event" drinking.
However, the answer to your question is that if the procurator fiscal make an application for seizure of the vehicle that will be shown in the minute of proceedings held by the sheriff clerk. If your wife is subsequently convicted, the court can entertain a confiscation order at that stage.
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