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A drink driver is challenging the Scottish Government’s right to ban him south of the border.

Charity director Ashley Medicks had his licence revoked last month after failing a breathalyser near Dalbeattie .

But his test reading, while putting him over the limit in Scotland, was below the one in England and Wales.

And he is now seeking legal advice in a bid to overturn his UK-wide driving ban.

Mr Medicks, 62, of Kirkgunzeon, told the Standard: “It may well be that I am the first person to consider bringing a test case on this issue.”

(Image: Jim McEwan)

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

Mr Medicks 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.

“All of the lawyers and solicitors specialising in road traffic law whom I’ve contacted have agreed that this situation is just plainly wrong and not something they had previously thought about.

“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.”

Mr Medicks gave a reading of 32 micrograms per 100 millilitres of breath which put him over Scotland’s new limit of 22.

In England and Wales the legal level is 35 micrograms.

Mr Medicks, a director of Skinship UK, a charity he founded, admits: “I have no one, other than myself, to blame.

“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.”

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 here .