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JGM
JGM, Solicitor
Category: Traffic Law
Satisfied Customers: 16380
Experience:  30 years as a practising solicitor.
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Looking for some advise on drink driving please, Scottish

Customer Question

Hi, looking for some advise on drink driving please
JA: Where is this? It matters because laws vary by location.
Customer: Scottish Borders
JA: What steps have been taken so far?
Customer: got the court date but looking about what we can do to fight the case now before the court date
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Don’t think so
Submitted: 25 days ago.
Category: Traffic Law
Expert:  JGM replied 25 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 25 days ago.

Can you explain your situation a little more please? The more information I have, the better I will be able to answer your question and that is what I want to be able to do.

Customer: replied 25 days ago.
Okay so my partner drunk drove and is now going to court, he hasn’t been in trouble with the police before and knows it was a mistake
He needs his driving license for his job, his breath limit was 34 so it was really low we just want to know if we can fight this at all so that he may just get a fine or suspension but not a ban for a year we are willing to do anything
Expert:  JGM replied 25 days ago.

The only possible way to do this is very difficult. He can seek to claim that he had special reasons for driving over the limit. If proved the court then has a discretion not to disqualify. Common special reasons put forwards are laced drinks, emergencies and shortness of distance. There is much case law on this point which can be a good indicator of the success or otherwise of raising a special reasons argument. Even if the court do not find special reasons they may well take account of the issues raised as mitigating factors in terms of sentence and disqualification. I’m sorry I can’t be more optimistic but a disqualification is mandatory apart from in the circumstances I describe.

Customer: replied 25 days ago.
I cannot do anything nothing?
Expert:  JGM replied 25 days ago.

I’m afraid not, no. I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 25 days ago.
No thank you that’ll do
Expert:  JGM replied 25 days ago.

Thanks for using JustAnswer. .

Customer: replied 24 days ago.
I’ve spoken to my partner and found out extra information to why he decided to drink drive, this was due to me taking more pills to when I can remember I took them! If I was to contact the police to advise this what would happen! We left the place in anger because of my stupid mistakes but he didn’t want to tell me this before and blamed it on something else I was drunk also and don’t recall taking tablets before I did but have been told otherwise! Will this be valid information to tell the police?
Customer: replied 24 days ago.
Also will this be seen as miss information if I don’t actually remember a lot anyway!
Expert:  JGM replied 24 days ago.

No this would not be sufficient to prove special reasons I’m afraid.

Customer: replied 24 days ago.
due to the fact myself choosing to try and commit suicide by consuming pill and him driving (I’m aware when he shouldn’t be) to get me closer to the hospital it wouldn’t be a good enough reason but if I had died and then he drove it would be?
Expert:  JGM replied 24 days ago.

You haven’t explained anything about suicide. Can you explain your situation a little more please? The more information I have, the better I will be able to answer your question and that is what I want to be able to do.

Customer: replied 24 days ago.
Well i tried to commit suicide on Friday night with taking tablets and he was there with me! He has now made me aware he drove because of this to get me closer to the hospital he did drop me off on the way but still he decided to risk his license to get me closer because I had totally scared myself! He understands he shouldn’t have drove his car but he wanted to do something! This wasn’t raised before as I didn’t know what the real reason was I could only report to the police and the mental health doctor what I knew at the time but since then myself and my partner has had a conversation and came to terms that this was the real reason! I was admitted to hospital and was in for 18 hours over all then was allowed to leave once I was fit enough! I think this should play a massive part to the charge he will get because it was a medical emergency
Customer: replied 24 days ago.
We obviously need to give this information to someone to see what we can do about this so would it be better to go to the police or?
Expert:  JGM replied 24 days ago.

You can’t do anything about this at the moment. The police have nothing to do with the procedure in court. Your partner needs to get a solicitor to represent him at the court and ask for a special reasons proof. The court will convene a hearing for evidence to be led about the reasons he drove and if the court considers that there is a special reason he drove then the court can consider not disqualifying. It is very important that he sees a solicitor before the court appearance. If he was granted a bail undertaking by the police, there will be a duty solicitor at court on the day but ideally he should try to get a solicitor engaged before the court date. The circumstances you outline are stateable grounds for not disqualifying subject to the evidence that the court hears on the day.

Customer: replied 24 days ago.
Okay so we will look into this further and see what we can do! We know it was a mistake and the reasons I advise above is being dealt with as I’ve been referred for help so we will deal with it now
Expert:  JGM replied 24 days ago.

I wish you good luck.