To ask a question about the Drink Driving Law in Scotland and application of it.

[letstalk2000]

Not a drink driver myself !

However, I have a query as to which drink driving limit law would apply. (Scotland 22mg per 100 England 35 mg per limit) This being if Police Scotland or Northumbria/ Cumbria crossed over the England/Scotland border before stopping a drink driver !

I would assume it would depend on where the driver was stopped and breathalysed, as that would be the legal proof. So if stopped in Scotland and found over the limit by Scottish law, then they would be guilty of being in charge of a vehicle on a Scottish road whilst over the limit. If stopped in England and found to be over the Scottish limit but under the English one, they wouldn’t be charged under English law. Theoretically they could be charged under Scots law if it could be proved that they had been driving on a Scots road, but the case would be much harder to prove in a Scottish Court, as there would need to be evidence beyond a doubt that they had in fact been on the Scottish road, and had not consumed the alcohol after leaving Scotland, and also the chain of evidence would be longer as it would have to be passed from the English force to the Scottish one, which introduces more possibility of error. Plenty of room for a lawyer to find doubt if conviction between all those factors, so it would be unlikely that the Procurator Fiscal would bring charges.

What Altogether said.

Thanks !