If you are being investigated, or prosecuted, for drug driving please contact me today for a free initial discussion.
A person driving, attempting to drive or being in charge of a motor vehicle on a road or public place when the proportion of a specified drug exceeds the limit for that specified drug in their blood commits an offence. Failure to provide a sample of blood (unless there is a genuine medical reason) is a separate offence.
This is a matter that is dealt with in the Magistrates’ Court and carries a maximum sentence of six months imprisonment and/or a fine and mandatory disqualification. An endorsement of the driving licence with 3 to 11 penalty points. The being in charge offence carries a maximum sentence of three months’ imprisonment and/or a fine. Disqualification is discretionary and 10 penalty points on the driving licence is mandatory.
If it can be shown that the drugs had been prescribed and the driver had adhered to the advice of the person by whom the drug was prescribed or supplied this provides a defence. If this is raised and the defence adduce such evidence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. This does not prevent the Police to continue with the unfit drug driving offence.
Please contact me today to discuss your case.