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allan mcleod · Joined: 10 Jun 2007 Posts: 157

What, a Drunk Procurator Fiscal ?? Never !!

Tut Tut. But its okay, she was upset. - Aye Right !!

If I or Joe Public used this excuse it would be laughed at, and we would be hung, quartered and the book thrown at us.

http://www.pressandjournal.co.uk/Article.aspx/1163721/

scotkaz · Joined: 28 Aug 2008 Posts: 510

You are right Allan.

We would never get away with this.

Just shows theres one law for us and another for them

Why are we even surprised?

Big Wullie · Joined: 25 Apr 2007 Posts: 1141 Location: Glasgow

The poor lass had been tossed out her house by her husband for messing about with someone else too.

We must all take note of these excuses and use them in future.

Sorry I take that back because I would never drink and Drive nor go near my car with a drink in me.

My older brother was once charged with being drunk in possession of his car and he said he only went into the car to sleep off his drink because he wasn't near enough to his house and couldn't get a Taxi home.

The police checked the car by placing their hands on the Bonnet to see if it was warm, A simple test really which I wonder if they did with this Fiscal ?

My Brother lost his licence and rightly so, but so should the fiscal.

Fiscal · Joined: 23 Dec 2008 Posts: 111 Location: Edinburgh

MODERATED .... personal insults not furthering the debate.

.......... was wrong - yes....but should she loose her job? NOT AT ALL! She wasn't actually driving.......well done Sheriff Gilmour!
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Mr Fiscal

Fiscal · Joined: 23 Dec 2008 Posts: 111 Location: Edinburgh

and your analysis of the law is wrong......it's not illegal to open a car door whilst drunk!

It's illegal to be incharge of a vehicle whilst intoxicated - which she was and why she was arrested (processed like any other criminal) and prosecuted by her "own lot"..... remember.....I told you before if they were going to let her off with it then as soon as the police found her Crown Office ID card when they searched her they would have let her go....or she would have been "No Pro'd" at the marking stage.......she was prosecuted and it was the sheriff that made the decision NOT the crown.
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Mr Fiscal

admin · Site Admin Joined: 22 Apr 2007 Posts: 82

Here is a link to an interesting debate on 'drunk in charge'.

http://www.ukpoliceonline.co.uk/index.php?showtopic=22815

Big Wullie · Joined: 25 Apr 2007 Posts: 1141 Location: Glasgow

Admin Section 5 (1) of the 1988 act can be found here with some interesting facts too.

http://www.drinkdrivinglaw.co.uk/...a_vehicle_with_excess_alcohol.htm

scotkaz · Joined: 28 Aug 2008 Posts: 510

http://www.pressandjournal.co.uk/Article.aspx/1165327?UserKey=

Call for action against Dundee fiscal in wake of court case
MSP urges disciplinary measures despite woman being cleared

By Mark Dowie

ACTION CALL: Labour justice spokesman and north-east MSP Richard Baker
More Pictures

A north-east MSP yesterday demanded disciplinary action against a Dundee procurator fiscal who was cleared of being drunk in charge of a vehicle.

Anne Hart, 38, was found not guilty by a sheriff at the end of her trial at Arbroath Sheriff Court on Thursday.

Labour justice spokesman and north-east MSP Richard Baker said Mrs Hart should now face disciplinary action by the Crown Office and Procurator Fiscal Service.

The fiscal, of Ballumbie Gardens, Dundee, had been accused of being almost three times the drink-drive limit after being arrested at Ferry Road, Monifieth, in January.

She had parked her BMW in Ferry Road and drunk a quarter-bottle of vodka, before calling her brother on her mobile to ask him to come and pick her up.

She told the court she deliberately placed the keys in the car’s footwell to make it clear she had no plans to move the vehicle.

But a passer-by who saw Hart in a distressed state called the police and by the time her brother got there she had been arrested.

When the police arrived she told the officers: “It's OK, I'm a fiscal.”

Mr Baker said yesterday: “There is pressure on people in these positions to lead by example. That hasn’t happened and it will come under public scrutiny.

“What the Procurator Fiscal Service does is up to them, but there should be some kind of action there.”

Conservative spokesman Bill Aitken said: “This is an interesting legal point which will no doubt be determined by the High Court in due course.”

Robert Brown, the Liberal Democrats' justice spokesman, said: “This is very disappointing behaviour. It does not send out the right message about mixing cars and alcohol.”

A Crown Office spokes-woman yesterday declined to comment on whether action was being considered against Mrs Hart.

She added: “We don’t discuss personnel matters through the media. However, we can confirm that a member of staff in the Tayside area is not currently at work.”

gustav51 · Joined: 26 May 2008 Posts: 16

This exemplifies the shambolic state of the whole Scottish legal system, which is rife with nepotism,yet again!

It begs the question ;

" How does this particular fiscal reconcile prosecuting alleged drink/drivers in future fully knowing that she has been shown leniency (a pseudonym for favouritism) by a misguided, although no doubt a well meaning sheriff ?"

Perhaps my e petition regarding Police Officers with convictions should have included the untouchables of the Fiscal service??

Fiscal · Joined: 23 Dec 2008 Posts: 111 Location: Edinburgh

For clarity to join the legal profession you have to firstly register with the Law Society of Scotland before you can progress to the bar. In order to do that each member when going from Student status to Trainee status need to satisfy the requirements. This includes being what the society call a "Fit and Proper Person" you cannot pass the fit and proper test with previous convictions - unless it is a VERY minor RT offence. So if a legal professional is convicted after this they should be removed from the roll of solicitors or if they're an advocate then removed from the bar. BUT in this instance Madam Fiscal was NOT convicted. Had she been found to be driving the car then she should have been sacked - common sense was used here and rightly so.........

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Mr Fiscal