View Full Version : Legality clears alleged drinks driver

09-Aug-13, 08:00
Accused didn't receive intoximeter readings

A GLASGOW man found asleep and smelling of drink has been cleared of being in charge of his 4 x 4 vehicle while almost four times the legal limit - because of a legal loophole.
John Conner, 29, had denied the charge which alleged that he had a breath/alcohol reading of 135 microgammes - the limit is 35mgs - was formally found not guilty by Sheriff Andrew Berry, at Wick yesterday.
The legal issue emerged while police officer Stephen Cooper was giving his evidence.
He told the court that he had requested to attend a vehicle in Princes Street, Thurso, about 3.30pm on April 21. He said that Conner, of Garthland Drive, Dennistoun, was asleep in the driving seat, his head leaning on the window of his Toyota.
Constable Cooper said that he had to repeatedly rattle on the window to rouse Conner, and went on: "His speech was slurred and he smelt of alcohol. He was invited into the police vehicle where a breath sample was taken and then he was arrested and driven to Wick police station where the intoximetre procedure took place."
In a legal submission, solicitor Jonathon Paul made the point that the two print outs from the machine had "not been handed over to Conner, at the time of the tests" and the procedure was therefore "inappropriate and defective".
Following a short recess, David Barclay, said that after a lengthy discussion on "certain legal matters which had crossed over into the question of a statutory defence", he was no longer seeking a conviction.