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Driver to pursue judicial review following driving ban

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A motorist who lost his licence after falling foul of Scotland’s drink-drive laws is planning to launch a legal challenge against the ban applying across the UK.

Charity boss Ashley Medicks was found to be just over the limit after being stopped and breathalysed in Kirkcudbrightshire earlier this year.

The conviction meant that he was banned from every public road in the UK for 12 months.

Now however, Mr Medicks is seeking support from other drivers in a similar position, with a view to launching a class action against the ban applying in other parts of the UK – where he would have been within the drink-drive limit.

The 63-year-old said: “I can only imagine how someone living in England or Wales would feel if they had a pint of beer in Gretna and then got disqualified from driving nationally after being stopped by police on the Scottish side of the border.

“I have spoken to a number of solicitors specialising in road traffic law and they agree that this situation is just wrong but it seems that I’m the first person to consider bringing a test case on this issue.

“I do only have myself to blame but the penalty is not proportionate. How can it be legal for Scottish ministers to apply their laws across the border where the law is different?  This case, if brought, and won, would have a considerable impact not just for myself, but for all the other people who, like myself, have been caught in this trap.”

Mr Medicks has already launched an online petition to draw attention to the issue and ultimately intends to press ahead with a  judicial review.

If you are facing a charge for an offence committed while driving, it is important to seek legal advice at the earliest opportunity to ensure the best possible representation. For further details about how Lester Morrill’s road traffic team can help you, please contact us.

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