Are you facing an offence of driving a vehicle with drugs in your system? Even if these drugs are prescribed you could face a disqualification and prison sentence. Contact us immediately.
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What is the offence?
This is a relatively new offence and means that you cannot drive, attempt to drive or be in charge of a vehicle on a road or in a public place with a certain level of illegal drugs or prescription drugs in your system. There are 16 drugs that are specified.
If the amount of drug in your blood or urine exceeds the limit you are guilty of the offence. The prosecution do not need to show that your driving was impaired.
It is accepted at the present time that the system for testing drugs in urine is not accurate enough and therefore a blood test will be taken.
What is the penalty?
The penalty for this offence is a 12-month disqualification and anything from a fine up to a 6-month prison sentence.
Do I have a defence?
As this is a new offence that came into force in 2015 the law is developing all the time and it is perhaps not prosecuted as often as other criminal offences. The police may initially test for alcohol and if this fails they will do a mouth swab to test for drugs. If this is positive you will then be taken to the police station and asked to provide blood test. If you are below the allowed limit the police still have the option to prosecute for driving whilst unfit.
These are complex areas of law and you should contact us to discuss your case.
- These are just a few examples:
- It was not a road or public place
- It was a prescribed drug taken with the directions of the manufacturer or distributor and that the possession of the drug prior to taking it was lawful.
- No likelihood of driving the vehicle whilst the proportion of the drug in blood/urine was over the limit.
We're always here to help you
If you are contacted by the police or receive a summons for court we may be able to help you. It is quick and simple to make an appointment, just contact us by email or phone. We can see you in the office or speak to you on the phone.
We are available 24 hours a day providing a professional service with direct access to a solicitor. If you need help to keep your licence please contact us.Get a free quote