Drug Driving Offences
If you have been accused of driving While Unfit Due to the Influence of Drugs (drug driving), Don’t risk a drug driving ban – Driving Solicitors can help you keep hold of your licence.
New legislation came into effect on 2nd March 2015, where Section 56 of the Crime and Courts Act 2013 inserted s.5A into the Road Traffic Act 1988, making it illegal to drive whilst particular controlled drugs are present in an individual’s system over a specified blood concentration level.
This legislation makes it much simpler to convict an individual of so called ‘drug driving’. Police Officers can test whether an individual is over the legal limit using a straightforward blood test, administered by a medical practitioner at the police station.
An individual who is charged with a drug driving offence will have to appear in court. Driving Solicitors advise you to keep your blood sample (refrigerated) and seek professional advice immediately from one of our experienced dui solicitors.
What To Do If You Are Accused of ‘Driving Under The Influence of Drugs’? If you have been stopped by a Police Officer on suspicion of drug-driving, Driving Solicitors can assist you, call today for free initial advice.
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A large number of drivers who have been stopped for this reason are shown to have had illegal substances in their system. Current legislation and limits have been designed to instigate a zero tolerance approach to driving under the influence of drugs. As this law is relatively new, it is still being tested. It is commonly being found that Police have made procedural errors when taking blood samples and oral swabs at the police station – this creates a potential line of defence for Driving Solicitors to assist you with.
Drug Driving FAQs:
Is drug driving treated similarly to drink driving?
When after taking drugs is it safe to drive?
Driving afert taking prescription drugs
Can a procedural argument be used to defend a case?
Can a drug driving ban be avoided by paying a larger fine?
Can one be prosecuted for ‘passive’ drug driving?
Can cannabis use be defended if the individual was/is not impaired by the drug?
It is also possible in some cases to avoid driving disqualification by arguing that special reasons were in play, particularly with regard to prescribed drugs.
Most individuals who get in touch with Driving Solicitors are not familiar with police procedures and legislation with regard to drug driving offences. For instance, few are aware that there is a potential special reasons argument/defence that can avoid disqualification. It is important that each case is discussed on an individual basis in order to determine the chances of a successful defence.
As we do with all of our cases, we will want to examine all of the evidence. For instance, we will try to obtain the forms used at the police station, including custody records and any statement given by a medical practitioner. In addition, we may ask too for the CCTV footage from the custody centre, to observe what was said by the case officer and/or custody sergeant.
When the police take a blood sample, this is divided into two, and you have the right to take your own sample to be tested independently. Some of our clients have expressed that they have found it very hard to find a pharmacologist or chemist with the required accreditation in order to have their blood sample tested themselves. It is indeed quite challenging to identify accredited professionals prepared to produce blood sample reports for defendants in these cases. However, this may equate to an abuse of process, as the defendant is thus denied the chance to independently test the sample.
Again, this is an evolving legal area, and one that is changing all the time; it appears that the legislation has been passed without also putting in place the required protocol, and there has been insufficient police training.
If you have been accused of driving under the influence of drugs (dui drug driving), Don’t risk a drug driving ban – Driving Solicitors can assist you.