National drink driving ban in Scotland. I was under the English limit, is this fair ?

The Issue

On the 26th of April 2016, I pleaded guilty to the offence of driving with excess alcohol in my breath. I hold my hand up to having committed an offence under the new lower Scottish limits, but am now in the position of questioning whether or not it is fair and proper, let alone legal, to withdraw my licence to drive south of the border, where I have broken no laws. I can only imagine how someone living in England or Wales would feel, if they had a pint of beer in Gretna, got stopped and breathalyzed, were found to be just over the Scottish limit, and were then disqualified from driving nationally.
 
I've looked into this online, including trawling through hundreds of pages of testimony from the Scottish Parliament's considerations when deciding to bring in the new lower limit here, and can find no evidence that the iniquitous position I now find myself in, was discussed.
 
All of the lawyers and solicitors specialising in Road Traffic Law with whom I have been in contact, have agreed with me that this situation is just plainly wrong, and not something they had previously thought about, which is the main reason why I am writing this petition.

It may well be that I am the first person to consider bringing a test case on this issue. However, I am finding it almost impossible to discover the best place to do this. Is it a Scottish Law issue, or, because it is the DVLA which has withdrawn my license, is it perhaps a matter for the English courts? Is the Department of Transport involved? 
 
Further, I think I am correct in thinking that if I act within 3 months, I could ask for a judicial review of the DVLA's decision to revoke my license nationally.
 
It seems to me that I have a more than valid set of reasons to feel aggrieved about this, but I just don't know where to go. Perhaps there are human rights or civil liberties factors involved as well?
 
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. If I could alert them to this injustice, maybe I could consider bringing a class action to court.
 
I really do feel it would also generate a great deal of interest nationally.  
 
Thank you for taking the time to read this. If you agree with me that this situation is unfair and unjust, please do sign this petition and share it on Facebook, Twitter and your Email contacts.
 

avatar of the starter
Ash MedicksPetition StarterI am the Founder/Director of a UK based National Dermatology Helpline called Skinship (UK). It was established in 1995.
This petition had 101 supporters

The Issue

On the 26th of April 2016, I pleaded guilty to the offence of driving with excess alcohol in my breath. I hold my hand up to having committed an offence under the new lower Scottish limits, but am now in the position of questioning whether or not it is fair and proper, let alone legal, to withdraw my licence to drive south of the border, where I have broken no laws. I can only imagine how someone living in England or Wales would feel, if they had a pint of beer in Gretna, got stopped and breathalyzed, were found to be just over the Scottish limit, and were then disqualified from driving nationally.
 
I've looked into this online, including trawling through hundreds of pages of testimony from the Scottish Parliament's considerations when deciding to bring in the new lower limit here, and can find no evidence that the iniquitous position I now find myself in, was discussed.
 
All of the lawyers and solicitors specialising in Road Traffic Law with whom I have been in contact, have agreed with me that this situation is just plainly wrong, and not something they had previously thought about, which is the main reason why I am writing this petition.

It may well be that I am the first person to consider bringing a test case on this issue. However, I am finding it almost impossible to discover the best place to do this. Is it a Scottish Law issue, or, because it is the DVLA which has withdrawn my license, is it perhaps a matter for the English courts? Is the Department of Transport involved? 
 
Further, I think I am correct in thinking that if I act within 3 months, I could ask for a judicial review of the DVLA's decision to revoke my license nationally.
 
It seems to me that I have a more than valid set of reasons to feel aggrieved about this, but I just don't know where to go. Perhaps there are human rights or civil liberties factors involved as well?
 
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. If I could alert them to this injustice, maybe I could consider bringing a class action to court.
 
I really do feel it would also generate a great deal of interest nationally.  
 
Thank you for taking the time to read this. If you agree with me that this situation is unfair and unjust, please do sign this petition and share it on Facebook, Twitter and your Email contacts.
 

avatar of the starter
Ash MedicksPetition StarterI am the Founder/Director of a UK based National Dermatology Helpline called Skinship (UK). It was established in 1995.

The Decision Makers

Michael Matheson: The Scottish Justice Minister.
Michael Matheson: The Scottish Justice Minister.
The Cabinet Secretary for Justice

Petition updates