Flick of the Elbow
Guru
- Location
- Edinburgh
The lowered limit for drinking and driving in these parts have prompted lots of second thoughts about driving the following morning. But do these apply to cycling too ? The quesion is partially answered in this month's CTC mag which states that the police have no power to force a cyclist to provide a breath, blood, or urine sample, that your refusal to provide one is not permitted as evidence, and that any prosecution in the absence of a sample has to rely on evidence eg. that you were cycling erratically, slurring your words, smelling of alcohol etc.
So basically if you're not displaying the signs of being drunk then you're safe from prosecution.
They also add that even if found guilty you don't get points on your licence.
Trouble is the legal advice in the CTC mag is provided by an English law practice so I'm always left wondering whether it is valid for Scotland. Can anyone confirm/ add anything ?
So basically if you're not displaying the signs of being drunk then you're safe from prosecution.
They also add that even if found guilty you don't get points on your licence.
Trouble is the legal advice in the CTC mag is provided by an English law practice so I'm always left wondering whether it is valid for Scotland. Can anyone confirm/ add anything ?