'Mandatory' 12mnth ban was not applied in this case - why?

Convicted Driver Insurance

Drew B

Well Known Member
Hi all
I am just curious to see if anyone can answer this - a lady in Scotland crash her car, breath reading was 107 but she only received a 5mnth ban plus fine.


I thought Scotland had the same as England in terms of sentancing brackets?
 
Katie price got caught drink driving and got it thrown out for "lack of evidence" and got a 3 month ban for drunk in charge.

The car was crashed, police came and Price was sitting in the back with a man in the passenger seat, she said the driver "ran off with the keys"... The officer tried turning the car on as it was keyless start, it turned on and Price handed over the keys. That would be enough evidence for a drink driving charge to stick to any normal person. You wonder how some people manage the short bans.
 
@grice96 I think the K Price was is different since she was convicted with 'drunk in charge', though I could be wrong here.

If convicted of 'over the legal prescribed limit' the guidelines say 'mandatory', not 'discretionary' o_O

Curious as how it works... actually it's rather bugging me to find out
 
Seems rather odd firstly she refuses to comply with roadside test complaining she was unaware of proceduers ! How difficult is it for a police officer to instruct any Nationality into blowing a bag! In fact I think Sweden are very strict with there laws and it's the same method blow into said pipe?
Secondly car was found in ditch so it's an Accident which should carry more penalty.
3rdly the reading @ station was very high and should fall into much higher bracket story was covered by 6 different top news media and it's unlikely the story is just reprinted without proper Journalism
Looks like she got off good an proper just a shame the Judge never offered her the rehabilitation course she be back driving end of October ?
 
I agree @craig121 on all the points you raise - crashed car, refused to comply and a reading of 107 (and Scotland has a lower limit than England!)
How does that equate to only 5 months? :censored:
 
The sentencing brackets used in England do not apply in Scotland, but they do have the minimum 12 month ban. The only think I can think of is that for some reason it was felt that there was not enough evidence to prove she drove, so they went with Drunk in Charge, which carries a guideline of 6 months or 10 points.....
 
Thanks @price1367, that kind of makes sense :)
She is one lucky person, most importantly for not having done more damage - not just to vehicle but to life
 
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