Seizing cars in drink-driving purge is an overreaction, claim solicitors

Published on Monday 7 December 2009 22:10

SEIZING cars from drivers caught drink driving over the festive season in Scotland is disproportionate to the crime, a leading transport lawyer said last night.

The annual crackdown, launched yesterday, has tougher penalties than previously which could see drivers convicted of a second drink-driving offence within the last five years losing their vehicles as well as their licences.

But Graham Walker, of roadtrafficlaw.com solicitors, said that taking away a highly expensive car instead of issuing a fine was an overreaction.

Around one in nine deaths on Scotland's roads involves drivers who are over the drink-driving limit. During the 2008 festive season campaign 654 drivers were arrested for drink-drug driving – down from 839 in 2007.

For the next four weeks a repeat offender's car could be seized while they are under arrest and only returned if not forfeited by the court, to be sold.

Justice secretary Kenny MacAskill and Lord Advocate Elish Angiolini joined Central Scotland Police chief constable Kevin Smith at the Scottish Parliament for the launch of the Drink Driving, Don't Risk It campaign

Mr Smith, road policing spokesman for the Association of Chief Police Constables in Scotland, said police arrested thousands of drink drivers over the year.

"Despite our warnings that we will target such individuals 365 days a year, they still risk wrecking not only the lives of others but also their own families, due to the severe consequences of being caught," he said.

"This campaign passes the risk to the driver. But it is aimed at winning hearts and minds with its success measured by changing attitudes rather than the number of cars seized."

However, Mr Walker said that while second-time drink drivers deserved to be punished, he had reservations about the new measure using legislation under the Road Traffic Offenders Act 1988.

"It would be far from sensible or right to confiscate a 250,000 car for an offence that is likely to attract a simple fine of about 500 to 1,000," he said. "There is also the presumption of innocence until proven guilty. Removing a repeat offender's car at time of arrest before he has been to court could lead to legal challenges."

Mr Walker added that confiscating a car would have an impact on innocent family members. "The punishment element would seem to be disproportionate to the gravity of offence where there is a significant impact on others."

Yesterday Ms Angiolini said: "Over 10 per cent of deaths on Scottish roads involve drivers who are over the legal limit. Recent figures have shown that over the last two years the numbers of those caught drink-driving throughout the festive period have been falling but there are still too many, with a number of those being repeat offenders despite the strong deterrents already in place.

"We all know if there's someone in the family who might be more relaxed about drink driving and this is a way of getting everyone to put pressure on them. Some people are willing to pay 5 for a drink but not for a taxi – there is a meanness about that which can lead to people losing their lives."

Mr MacAskill said: "This is a very draconian policy but it is not our intention to deprive people of their cars. This is about prevention rather than conviction. It is aimed at the hardcore minority who think the law doesn't apply."