Drug Driving
CATEGORIES
About Drug Driving
Law:
This offence is most commonly charged under Section 5A of the Road Traffic Act 1988
It is an offence for a person to drive or attempt to drive a motor vehicle when on a road or other public place when the level of a specific drug exceeds the prescribed limit for that drug. This can include not only recreational drugs such as cannabis but also prescription drugs.
For prescription drugs it is a defence if it can be proven that the medication was taken in line with medical guidance and manufacturer’s guidance.
Similarly it is an offence to be “in charge” of a motor vehicle with the level of a specified drug exceeding the prescribed limit for that drug.
This is usually analysed by a blood sample taken in police custody.
A number of drugs stay in your system for over 48 hours.
Penalty:
For this offence there is a mandatory minimum 12 month disqualification from driving. Depending upon the circumstances of the particular offence fines as well as custodial sentences may be attached.
If you are convicted of a second offence within 10 years of the same nature, disqualification periods begin at 36 months.
For being in charge, there is a discretionary disqualification but mandatory 10 point endorsement.
If special reasons can be shown, you may avoid disqualification.
How we can assist:
Our solicitors have successfully represented several clients at the police station and at court for drug driving offences. Being found with drugs in your system is not enough to be convicted of this offence. Our solicitors have successfully defended clients who have taken medication in line with their prescriptions and medical advice and been found not guilty. It must also be proven that you had the intention to drive to be convicted. If this cannot be proven, you are not guilty.
Our solicitors are experienced in advocating and raising the issues of “special reasons” in your personal circumstances to avoid a ban.
If you have been charged with this offence and summoned to Court, contact us immediately to discuss your matter.
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Brilliant result
Mr Masood has represented me for a number of years. Whenever I have been caught in a difficult position before the Magistrates Court, with his attention to detail and expert advocacy he always gets me a brilliant result.
– MrN
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Honest, learned and experienced solicitor. Mr Masood always brings his A Game to the police station and Court. He is never afraid to challenge the police and the evidence. I would never speak to the police without Mr Masood by my side.
Extremely grateful
Mr Masood represented me for a matter of drug driving. Unfortunately this was the second time I had been charged with this offence and due to my previous convictions I faced the real prospect of a custodial sentence. Mr Masood was able to expertly mitigate on my behalf, expressing my personal circumstances and persuaded the Court to suspend my sentence. I am extremely grateful for his efforts.
– MrR
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I was arrested and wrongly accused of assaulting the police. At my police station interview, Mr Masood challenged the evidence provided by the police and escalated the matter to professional standards. I was released with no further action with the arresting officer referred to professional standards for the way I was treated.
– MrP
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Represented throughout the most difficult period of my life facing an allegation of Rape in the Crown Court. Tenacity and eye for detail through a challenging process led to my acquittal. I can finally move on with my life. Wishing the team nothing but the best.
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