The police enforce the offence of drug driving through the use of a Drugalyser at the roadside which will analyse a sample of saliva from the driver. If the salvia sample tests positive for drugs, this gives the police the power to arrest and take a blood sample at the police station.
The National Police Chiefs Council (NPCC) has published data suggesting that in England and Wales 48.5% of drugs tests taken at the road side were positive for illegal drugs.
The driver must consent to the blood sample being taken by a Registered Medical Practitioner at the police station – the sample is then sent for analysis. There are very strict laws and procedures that the police must follow when taking a blood sample for an offence of Drug Driving.
#1 Motoring Solicitors will explore the particular facts of your case and the availability of a defence to drug driving – this could include instructing expert evidence and challenging both the Drugalyser procedure and the circumstances in which the blood sample were taken. There are very strict laws and procedures that the police must follow when taking a blood sample for an offence of Drug Driving.
We are increasingly seeing clients who have consumed Cannabis or Cocaine on a recreational basis days before being stopped by the police for drug driving – Cannabis can stay in your system weeks before you are tested. In this situation, expert legal advice from a motoring solicitor is essential.
Likewise motorists who take prescribed medication other than in accordance with the instructions given by a Doctor could find themselves accused of drug driving. Our expert motoring solicitors can help defend drug driving offences in these circumstances.
Where you are accused of drug driving the expert lawyers at #1 Motoring Solicitors can help advise, represent you and defend the allegations in Court.
The penalties for drug driving if you are found guilty are severe – the Court will consider a mandatory disqualification from driving for at least 12 months and at least 3 years if a previous similar offence has been committed with the previous 10 years.
In addition, depending upon the prosecution suggesting that there are aggravating factors to the drug driving offence such as being involved in an accident, evidence of poor driving or more than one drug being found in your system, the court can consider a custodial sentence.
The Magistrates Court will refer to the Sentencing Guidelines set out a variety of factors deemed to both aggravate a mitigate an offence and help determine the sentence for a drug drive offence. Categories of both ‘Harm’ and ‘Culpability’ will be determined by the Court in any drug driving case.
Expert advice and representation will help in navigating the complex sentencing guidelines for any drug driving court hearing:
