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Court Few Question


New member

I have a few question.
I have been stoped by police when I was driving under influence of alcohol. My reading was 77.
I am foreigner.

1.If I plead guilty, can I ask for keeping my driving licence ? My whole life is depending on my job which require driving. I was unemployed for more than one year?
2.Can I only defend my position (for keeping my driving licence) if I plead for not guilty?
3.If I plead guilty does my driving licence will be taken away from me in the same day of meeting court? If not when?
4.In which time ban is going to active after meeting court (if I plead for guilty)?
5.Is it the duty of the sheriff to intervene and inform (my) car rental company about this issue?
6.Is it the duty of the sheriff to intervene and inform my contractor about this issue (I am self employment) ?

I would be very thankful for putting some light on these question.

Thank You very much.

Michael Lyon

Road Traffic Solicitor (Scotland)

Thank you for your post. I shall answer your questions in turn:

1. If you plead guilty to drink driving, in the absence of Special Reasons a disqualification is mandatory. The minimum starting point is 12 months, although any length of ban imposed can be reduced by up to 25% if the Sheriff certifies you as suitable for the drink driver's rehabilitation course;
2. You are entitled as an accused to plead not guilty and, yes, that is the principal way to try to keep your driving entitlement;
3&4. If you plead guilty any ban will commence immediately;
5&6. It is not the duty of the Sheriff to inform these parties about a ban.

Trusting this is of assistance,


New member
So summarising

If I plead guilty to drink driving, and I expose Special Reasons to keep my driving entitlement, I have a chance to keep it if court consider them as valuable. Is that correct?

Or only way to keep driving entitlement is to plead for not guilty and then proceed with explanation.

I ask that, because I would like to know if i plead guilty, do I will still have a chance to defend myself.

Thank You for Your answers but answers 1 and 3&4 are conflicting as I understand. Could please clarify?

Thanks a lot.

Michael Lyon

Road Traffic Solicitor (Scotland)

Special Reasons is, effectively, a situation where someone is guilty of an offence but the circumstances surrounding its commission are such that a reduced penalty should be imposed. It has nothing to do with the effect of a ban, only why the offence was committed. An argument of Special Reasons follows a plea of guilty.

It is likely that the only way for you to avoid a disqualification is to be found not guilty.