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Criminal law treats driving under the influence of drink or drugs very seriously and the police have wide powers to take samples from drivers in order to prove that an offence has been committed. Unfortunately, reductions in drink-driving limits have meant that it’s easier than ever to be over the legal limit and charged with a driving offence. If convicted, the penalties for driving under the influence include mandatory disqualification from driving for a minimum of 12 months and a large fine.

Drink Driving Defence Lawyers Alloa, Kirkcaldy and Dunfermline, Scotland

The offence of drink driving is found in section 5 of the Road Traffic Act 1988. It is committed when someone drives, attempts to drive or is in charge of a vehicle when the proportion of alcohol in their breath, blood or urine exceeds the prescribed limit. The offence of drug driving in Scotland is found in section 4 of the 1988 Act and committed when someone drives or attempts to drive when they are unfit to do so through drugs. The amount you are over the limit, whether just over or well over, is irrelevant. It is enough that you are over, which has consequences for those who drive the day after a night of consuming drink or drugs.

It’s also important to bear in mind that the Police have extensive powers when it comes to taking a sample from drivers, and a refusal to comply with a request can amount to a separate offence of failing to provide a sample without reasonable excuse. It is therefore vital to get advice from specialist drug and drink driving defence solicitors. At MJS, we thoroughly scrutinise all evidence and stay alert to all potential procedural errors that may mean our clients have been treated unfairly.

Contact our Road Traffic Defence Lawyers in Scotland

Our road traffic solicitors can assist by discussing your options with you confidentially, and are ready to fight your corner. We provide a fully comprehensive legal service from liaising with the police through to representing you in court. Call our criminal defence lawyers for a free, initial consultation in Dunfermline on 01383 730 466, in Kirkcaldy on 01592 640 680, in Alloa on 01259 725 922 or make an online enquiry.

 

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