Drink Driving Hypothetical
Drink Driving Hypothetical
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Somewhatfoolish

Original Poster:

5,073 posts

215 months

Thursday 11th August 2022
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If someone was pulled over on the approach to Berwick on suspicion of drink driving and blew 34mg, and admitted having just driven there from Scotland (where there is a lower drink drive limit) what would happen? Would they be reported to the Scottish police?

Same question for someone caught in Gretna having driven from England who is completely sober but they do a drug test and they turn out to be over the limit in England? (I understand they don't have limits in Scotland, you have to actually be impaired).

Cat

3,134 posts

298 months

Thursday 11th August 2022
quotequote all
Somewhatfoolish said:
If someone was pulled over on the approach to Berwick on suspicion of drink driving and blew 34mg, and admitted having just driven there from Scotland (where there is a lower drink drive limit) what would happen? Would they be reported to the Scottish police?
Nothing would happen, there is no corroborated evidence that they have driven in Scotland.

Somewhatfoolish said:
Same question for someone caught in Gretna having driven from England who is completely sober but they do a drug test and they turn out to be over the limit in England? (I understand they don't have limits in Scotland, you have to actually be impaired).
Section 5A applies in Scotland. Same limits as in England.

Cat

Somewhatfoolish

Original Poster:

5,073 posts

215 months

Friday 12th August 2022
quotequote all
Well that answers that, thanks

dhutch

17,696 posts

226 months

Friday 12th August 2022
quotequote all
Yeah that would be my gut feeing, unless the police has followed them over the border (?) how would they know, other than probability, where they had come from.

A bit like an MOT, surely an 'stop and breath test' type check is only valid for the location they where seen and stopped in.