A scottish law question.

[geo0939]

I was charged with drunk driving some time ago, and found guilty, losing my license and getting a heavy fine. I employed a local lawyer, who failed to appear, so I elected to go ahead with the trial on my own. Recently looking through my summons I have noticed that the date I was supposed to appear was a year before the offence occurred.
What would the outcome have been if my lawyer had turned up and noticed this error?

[factor-fiction]

At best I think the summons date would have been postponed

[hc4361]

The same. Simple typos like this are considered to be of no importance.

[Barmaid]

Although I know nothing about scottish law, some of the basic principles are the same. I would suggest the PF would have made an application to amend the summons since the date was not a "material averment" to the offence, which would have been granted. The outcome would have been the same.

[geo0939]

Just curious, I complained to the Law Society of Scotland at the time and eventually received I written apology and a Cheque for £50 from the lawyer,ex gracia (which I photocopied and framed, after cashing it, of course).

[EDDIE51]

Just out of intrest, on what grounds did you expect / hope to get off Drink driving ?

[geo0939]

If you'd read my previous posting, you would have seen that it was mere curiosity. This happened 15 years ago, and I never expected to "get off" with anything, I was more annoyed with my lawyer. Thanks for your interest.

[murraymints]

I think you would have got away with it...same thing happened to a friend of mine..on another charge..but ..because he was called to answer on something that did not happen when stated by way of the charge papers, case did not proceed and it was then out of time to reissue fresh charge papers...in Scotland about 15 years ago