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stuh1980
hi folks, i know this is a bit late and not related to speeding however any opinions would be greatly appreciated.

So about two years ago i was getting something out of the boot of my car at my sisters house (i`d had about 5 or 6 cans of beer), a police car stopped to ask me if i had seen another car driving past they were after, i said i hadnt, they must i have smelled alcohol on my breath because they breathalysed me and asked me where i was going, obviously i told them i was just getting stuff out the boot of my car and had no intentions of going anywhere apart from back inside the house.

anyway to cut a long story short the sherriff (scotland) quite rightly aqqitted me however not before i had spent 1200 quid on a solicitor and about 400 quid on travelling, i live in the south of england and the trial was adjourned the first time so i had to go up twice (to edinburgh).

After it was finished i asked my solicitor if i could claim back any costs and he said no, at the time i accepted this just happy to have it over and done with because i suppose i was technically "drunk in charge" although quite innocently and ignorantly (i know no excuse).

So my question is: could i have claimed any costs/can i now (probably not i suppose given the time period)

thanks in advance peeps

ps great site, wish i had known about it 2 years ago !
jeffreyarcher
QUOTE (stuh1980 @ Fri, 11 Jul 2008 - 16:45) *
After it was finished i asked my solicitor if i could claim back any costs and he said no,
<...>
So my question is: could i have claimed any costs/can i now (probably not i suppose given the time period)

Unlike in England & Wales, no costs are awarded (either way) in Scotland.
So, essentially, you are stuffed.
Quite how that sits with ECHR Art. 6 (extra judicial punishments) escapes me, but until someone with deep pockets challenges it, that's the way it is.
As a ban upon conviction was a certainty, you might have been able to get legal aid (#) if you needed you licence for your job, but its too late for that now.
(#) Legal aid seems to be easier to get than in England & Wales.
stuh1980
thanks for the speedy reply jeffreyarcher, it seems quite incredible to me that someone could go through all of that, be aqquitted of the charge the still be so much out of pocket. here`s hoping someone does come along in the future and fight that !. at the time my solicitor applied for legal aid on my behalf and to be honest i was amazed when it was turned down, at the time i was in a pretty crap financial situation. to be fair tho the 1200 (which i had to get a loan for!) was pretty well spent the solicitor was very good and he was always quite confidant i would`nt get found guilty as it was pretty obvious i wasn`t going anywhere, at the police station i even asked one of the two coppers who arrested me if she thought i was going anywhere and she said no - what a rediculous situation. oh well you live and learn i suppose. thanks again
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