Scots drink driver to challenge UK ban

AN AWARD-WINNING charity founder is to mount a legal challenge over his UK-wide ban after losing his licence under Scotland's controversial drink driving limit.

Ashley Medicks driving a carNC

Mr Medicks had one pint of beer and was stopped and breathalysed by police in Kirkcudbrightshire

Ashley Medicks, had a single pint of beer and was stopped and breathalysed by police in Kirkcudbrightshire last month and later pleaded guilty to driving with a reading of 32. 

The 62-year-old was 10 over the Scottish legal limit of 22 - introduced by the SNP administration - and was given a 12-month ban from every public road in the UK. 

During the same sitting at Dumfries Sheriff Court, another local man, who had consumed a single pint of cider, failed the test by a single point. 

Like Mr Medicks, he too was banned for a year and both men were each fined £450 for breaching the new limit, introduced in December 2014. 

The sheriff presiding over their cases said: "That's the lesson in Scotland... just one drink can put you over. It's as tight as that." 

However, Mr Medicks, who was given a Scottish Health Award in 2012 for the work done by his Skinship (UK) charity - which aids people suffering dermatological conditions - is now seeking backing from other drivers banned under similar circumstances with the aim of raising a class action over the Scottish Government's ban applying south of the Border. 

The limit in England andWales is 35 micrograms per 100 millilitres of breath, which meant Mr Medicks would have been allowed to continue on his way if he had been stopped in any other part of the UK. 

He has launched an online petition highlighting his "iniquitous position" with the aim of presenting it to Holyrood Justice Minister Michael Matheson. 

Ashely Medicks drivingJIM MCEWAN

Mr Medicks is now seeking backing from other drivers banned under similar circumstances

Ultimately, he wants to raise a judicial review of the application of the law nationally, which could cost up to £30,000. 

Mr Medicks, of Kirkgunzeon, near Dumfries, 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." 

He has launched an online petition highlighting his "iniquitous position" with the aim of presenting it to Holyrood Justice Minister Michael Matheson. 

Pint of peer with car keys next to itGETTY

Mr Medicks has never denied drinking a single beer before getting behind the wheel

Mr Medicks has never denied drinking a single beer before getting behind the wheel and will now get his licence back next January after undergoing a drink awareness course, reducing his ban by three months.

He said: "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." 

He added: "I don't think the penalty is proportionate. People who have been caught four times over the limit have been given the same sentence as myself. 

"I committed an offence under the new lower Scottish limits, but there was a huge backlash when the Westminster authorities tried to impose a reduced limit in England and Wales. 

Woman being breathalysedGETTY

The Scottish legal drink driving limit is 22 and it was introduced by the SNP administration

"I would hope to get the backing of enough people in the same position as me, those who would not have been committing an offence out with Scotland, to raise a class action. We could join forces and spread the cost of raising a judicial review." 

A Scottish Government spokesperson said: "It is the case, throughout the UK, that driving bans following conviction are not restricted to the jurisdiction in which an offence was committed. 

"Alcohol at any level impairs driving, which is why our message is if you're driving, the best approach is none."

Mr Medicks' petition can be found at: http://chn.ge/1TYlYMD

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