10 Misconceptions In Drink Driving Cases

10 Misconceptions In Drink Driving Cases

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At Roadtrafficlaw.com a huge amount of our expertise comes from practical court experience. Either by prosecuting or defending individuals or businesses. That is what our team have been doing for more than 30 years.

Drink Driving and Speeding cases, can involve a great deal of technical and scientific information. In addition to knowledge of the basic governing laws, our experience may be the most critical thing.

Road Traffic cases can be among the most difficult to defend. Because of the complexity, several mistakes can be made when it comes to defending Road Traffic cases. The outcome can mean losing you licence, losing your job, paying considerable fines, being jailed, having a huge hike in your insurance premium, and the effect on your current prospects.

Common mistakes are made when drivers are caught drink driving. Read on to see what these are and give us a call with your queries

Mistake 1- Assuming The Case Is A Loser
After getting the breath analysis test result and the copy complaint, some people simply give up and plead guilty.
The breath test, the alcohol blood level test, and the roadside tests that the arrested person has to perform all have potential built-in flaws; flaws which can make the difference between losing your licence or not.
For example, the results of a breath test can be challenged. The Log Book detailing all tests that day can be examined by the defence to check for signs of flaws or tampering. Experts can be instructed to check the analysis machineitself and checks can be made reading the police procedures at time of testing.We have even had experience of an entry that had been "tippexed" then changed.

Mistake 2- Assuming The Police Always Get It Right
This is not the case. For example:
* results can indicate that the analysis device was not properly calibrated
* your breath sample was interrupted e.g. sickness
* you had something in your mouth, such as chewing gum, tobacco etc.
* you were on a special diet.
* you have diabetes, asthma, other relevant medical condition.
* an alcohol antiseptic was used when blood was drawn.
You have the opportunity to attack the results on the grounds that the technical rules were not followed.

Mistake 3-Assuming The Breath Analysis Machine Is Infallible
Wrong. I can't think of a machine that hasn't broken down sometime. All the defence require to do is show the Sheriff that there is room for a "reasonable doubt" regarding the reliability of the machine and your licence is saved.
Thus, to defend you properly, a lawyer should get copies of the various logs, maintenance records, printout of sample taken etc. Sadly, it has been known forlawyers and unrepresented parties to just have the complaint and the arrest report.

Mistake 4- Not Objecting To Evidence
If you do not know the law in relation to what and how evidence is led, how can you possibly tender a proper objection? If you don't get this right you can easily be convicted before you realise the error of your ways.

Mistake 5- Not Personally Checking Out The Arrest Location
Many people do not visit the arrest location. And this can be crucial. In road traffic offences we often go to the scene with our clients to take relevant photographs and draft diagrams. It makes sense of all the left, right, nearside, offside, middle anddon't knows that we will have to deal with at the trial.
Roadside Tests involving walking a straight line and the like are becoming increasingly used in Scotland. Seeing and knowing the locus allows you to bring better cross examination to court as you can test witnesses on true conditions that existed e.g. sloping or an ill lit roadside that is very busy with traffic. These things make it much easier for your lawyer to ask probing questions about the roadside test, and, in some cases, point out a physical impossibility to the Sheriff.
We had one case where the police officer admitted that he requested our client to walk a straight line inches away from a dual carriageway. Needless to say the Sheriff was not too impressed by this and threw the case out.

Mistake 6- Not Questioning Subjective Test Procedures
An understanding of the psychological basis for these tests and the methods to be employed when they are applied is essential for proper cross examination of officers. At the very least, the police training document should be studied by you or your lawyer. He or she will then know exactly what questions to ask the arresting officer to see if he completely followed the proper method.
You see, if the manuals directions werent completely followed, the tests validity can be attacked
Even more importantly, officers dont always use objective scoring. The manual explains how to score the tests and how to arrive at a final score. All too often the officer simply subjectively decides whether or not you failed the tests.
Whats the point? Its simple: if you or your lawyer doesnt know the training manual, how can he/she attack the way the arresting officer used it? At roadtrafficlaw.com our specialist solicitors are constantly monitoring new pieces of legislation and are expertly trained to deal with your case.

Mistake 7- Not Explaining The Discount For An Early Plea
Your lawyer should advise you about the sanctions resulting from a conviction as opposed to an early guilty plea. (The Du Plooy case)
Why are these important?
Because they can include a jail sentence, license suspension or revocation, a significant fine, inability to rent a car, substantially higher insurance rates, and loss of your job (particularly if your job involves driving).
And this mistake can happen all too often if your lawyer is rushed or is a duty solicitor with very little time for each client.

Mistake 8- The Accused Giving Evidence
Its never a good idea for the accused to give evidence in Road Traffic cases. This is primarily because they are not experienced witnesses, often appearing to be nervous or anxious. Police officers often have several years experience of giving evidence and they tend to keep to the same position in their evidence throughout.
Is there ever a good time to put the accused on the stand? Yes, to directly contradict something the officer said.

Mistake 9- Attempting To Show The Police Officer Lied
All you really need to do is show how the officer might simply be mistaken this time.
If he is lying then go head to head with him and get it out but remember that the Sheriff does not want to believe that the officer is lying. Is he willing to risk his career, his pension, his reputation just to "do" you on a Road Traffic charge? But the Sheriff might just accept that the officer is mistaken. In my 20 odd years doing this I have never seen an officer break down and admit that he was lying and I suspect I never will.

Mistake 10- Not Consulting A Specialist
Would you employ an electrician to fix your leaky toilet? Defence lawyers who are experts in Road Traffic Law say that someone who isnt a specialist should consult one. Just as you wouldnt hire a criminal lawyer to sell your house or deal with your divorce.


Knowing how to defend a Road traffic case involves considerable preparation, familiarity with the law, and knowing what motions to make and what objections to take.
If your lawyer is not a specialist in this area, you may not be getting the best advice and you may not have the strongest case.
Be assured of specialist representation and hire Scotland's leading road traffic specialists roadtrafficlaw.com. Call today for free advice on 0800 612 9597.


About the Author:
Graham Walker has over 30 years experience as a criminal defence lawyer. He is now a specialist in road traffic law in Scotland's leading road traffic law firm. The firm win over 80% of their cases. For free advice call 0800 612 9597 or visit www.roadtrafficlaw.com



Article Originally Published On: http://www.articlesnatch.com


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