Scottish Drink Drving Chages
Discussion
TwigtheWonderkid said:
If I get banned for 60mph in a 20 limit, will my ban still apply on the motorway, where the limit is 70? Is so, why?
Not a good analogy - it's more like, for example, driving on tyres that are legal in England but illegal where you happen to be.And as far as punishment goes, it's like being jailed in England for doing something legal in england but illegal where you happen to be.
Corpulent Tosser said:
The fact remains that a ban would apply to a UK driving licence for an action which is not illegal in UK, only Scotland.
I do not think that is correct and hope it is challenged in an English court.
In case you have forgotten the recent referendum Scotland is part of the UK.I do not think that is correct and hope it is challenged in an English court.
If you drive over the limit in Scotland, the offence happened in Scotland, so the Scots drink drive limit will apply. I don't see where you are resident in the UK is relevant.
Lordbenny said:
If I get done for drink driving in Scotland for having 70mg in my blood (10mg under the English limit) will I receive a ban in England?
If yes, Can you explain why? if I get nicked in Poland I don't get a ban in England!
By the way...I don't make a habit of drink driving....just interested in Scotland's new law!
This is very similar to the argument that is brewing over setting up a cross border EU penalty system.Ironically as it stands the UK's opt out is/was because it wants the system to apply in regard to licence penalties/disqualification in addition to fines.However the EU only seems to want a cross border system of fines to apply in regard to foreign licence holders.Seemingly on the basis that German drivers aren't prepared to receive points or lose their 'German' issued licences and thereby right to drive at home,for any offence that would have been subject to a lesser/no penalty at home.Therefore maybe this is all a Trojan Horse being set up by the UK to set a precedent to push through its agenda of an EU wide penalty system regarding locally applied laws.Ironically in this case it seems for once that we are better off letting the Germans run things than our own government.If yes, Can you explain why? if I get nicked in Poland I don't get a ban in England!
By the way...I don't make a habit of drink driving....just interested in Scotland's new law!
Meanwhile Labour is now saying,like the Cons pre election promise,that its war against the motorist is over while the silence from UKIP is deafening.
Edited by XJ Flyer on Saturday 6th December 03:33
Phatboy317 said:
Not a good analogy - it's more like, for example, driving on tyres that are legal in England but illegal where you happen to be.
No, its the perfect analogy. There are regional variations of the limits, both speed and blood alcohol. Get caught above the prevailing limit at the time and you risk endorsement to your license. It really is that simple.TooMany2cvs said:
Phatboy317 said:
And as far as punishment goes, it's like being jailed in England for doing something legal in england but illegal where you happen to be.
Umm, not really, because you would have been in Scotland when breaching the Scottish blood-alcohol limit.For some reason people are making this more complicated than it really is.
TooMany2cvs said:
Phatboy317 said:
And as far as punishment goes, it's like being jailed in England for doing something legal in england but illegal where you happen to be.
Umm, not really, because you would have been in Scotland when breaching the Scottish blood-alcohol limit.A driving ban is tantamount to a prison sentence for a great many people - except perhaps the rich who don't need to work and pay mortgages etc.
Is it right to be imprisoned in your home country for breaking some law in another country, when it would not have been against the law at home?
Or, closer to the point, being caught just over the limit in a country like Germany does not result in a driving ban in Germany, so should it result in a driving ban in Scotland, where it's equally illegal, or in England, where it's not?
Don't get me wrong - I have no sympathy for deliberate drink drivers, having once being almost killed by one, but there's little logic or consistency to this.
GreigM said:
Phatboy317 said:
Not a good analogy - it's more like, for example, driving on tyres that are legal in England but illegal where you happen to be.
No, its the perfect analogy. There are regional variations of the limits, both speed and blood alcohol. Get caught above the prevailing limit at the time and you risk endorsement to your license. It really is that simple.Edited by Phatboy317 on Saturday 6th December 10:33
Phatboy317 said:
I did say I was talking about the punishment.
Is it right to be imprisoned in your home country for breaking some law in another country, when it would not have been against the law at home?
Or, closer to the point, being caught just over the limit in a country like Germany does not result in a driving ban in Germany, so should it result in a driving ban in Scotland, where it's equally illegal, or in England, where it's not?
Clue: There is only one country involved here. The UK.Is it right to be imprisoned in your home country for breaking some law in another country, when it would not have been against the law at home?
Or, closer to the point, being caught just over the limit in a country like Germany does not result in a driving ban in Germany, so should it result in a driving ban in Scotland, where it's equally illegal, or in England, where it's not?
Phatboy317 said:
I did say I was talking about the punishment.
A driving ban is tantamount to a prison sentence for a great many people - except perhaps the rich who don't need to work and pay mortgages etc.
Is it right to be imprisoned in your home country for breaking some law in another country, when it would not have been against the law at home?
Or, closer to the point, being caught just over the limit in a country like Germany does not result in a driving ban in Germany, so should it result in a driving ban in Scotland, where it's equally illegal, or in England, where it's not?
Don't get me wrong - I have no sympathy for deliberate drink drivers, having once being almost killed by one, but there's little logic or consistency to this.
Raises a question, would you actually be imprisoned in the country you live in, or the country where the offence took place, given that any offender would be sentenced in a Scottish court? A driving ban is tantamount to a prison sentence for a great many people - except perhaps the rich who don't need to work and pay mortgages etc.
Is it right to be imprisoned in your home country for breaking some law in another country, when it would not have been against the law at home?
Or, closer to the point, being caught just over the limit in a country like Germany does not result in a driving ban in Germany, so should it result in a driving ban in Scotland, where it's equally illegal, or in England, where it's not?
Don't get me wrong - I have no sympathy for deliberate drink drivers, having once being almost killed by one, but there's little logic or consistency to this.
Phatboy317 said:
Yes, one country, but two laws - what do you think this discussion is about?
Given some of the replies so far, I think a lot of people don't realise that Scotland and England are both regions of one country, the UK - no more than that.And, no, there's only one law involved, RTA88s5
http://www.legislation.gov.uk/ukpga/1988/52/sectio...
It's just that the devolved regional government of one region of the country have the power to vary the "prescribed limit" within that law. A UK licence applies to the whole UK, and any penalties applied to it anywhere in the UK apply to the whole UK - and to any other countries with whom the UK has reciprocal agreements.
It's a more minor difference than other parts of that one law - RTA88 - not applying to a different region of the UK, yet any penalty applied for breaches of those sections would apply.
I'm starting to think some people believe they have some kind of god-given right to drive with alcohol between 50 & 80...
t can people please understand that.....THE UK ISN't A fGreigM said:
Phatboy317 said:
Not a good analogy - it's more like, for example, driving on tyres that are legal in England but illegal where you happen to be.
No, its the perfect analogy. There are regional variations of the limits, both speed and blood alcohol. Get caught above the prevailing limit at the time and you risk endorsement to your license. It really is that simple.The Scottish example in this case is actually an example of a federal type law and penalty system,as I've said,probably as part of an agenda to 'soften up' the electorate into accepting and supporting the UK's same position regarding a federalised EU penalty system.As is the case in America IE you can lose a licence issued in one state for an 'offence' committed and which only applies in another but not the issuing state.So far that isn't the case either here,where the laws related to 'national' drink driving limits and the 'national' speed limit are,so far,just that national,as opposed to federal.Or in the EU where licence penalties don't apply on a cross border basis for a locally committed offence against local laws.
IE you don't get points or lose your UK issued licence for an offence committed in another EU country,which the UK is trying to get changed and which seems to be the agenda behind this ridiculous idea of different limits between Scotland and England in order to set that precedent.
Edited by XJ Flyer on Saturday 6th December 14:57
tex200 said:
If the UK isn't country what is it?
It is a federation of different nations.Just like the EU is going to be obviously with the support of the UK federalists.Which leaves the question of the contradiction in UKIP being an anti federalist Party in the case of the EU but a federalist one in the case of the UK.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff