Drug Driving Case Studies

Drug Driving Case Studies

We have successfully represented many clients charged with drug driving offences. Read some of our case studies below.

Drug Driving Case Study 1

Manchester & Salford Magistrates’ Court

Our client was a senior hospital doctor. Had he been convicted of drug driving, he would have been disqualified for at least 12 months. It is also likely that he would have been subject to professional disciplinary proceedings and his career ruined.

Following a road accident, he was accused of drug driving and arrested.

At the Police station he was required to give a blood specimen for analysis

When blood has been taken, the police doctor or nurse who takes it is supposed to divide the sample in two. The Police must then offer one portion to the driver for independent analysis. In practice, this isn’t always done properly. Although the Police claimed to have done so, our client had no recollection of being given his portion.

By obtaining and meticulously checking the custody and police property records in our client’s case, we discovered and were able to demonstrate that the police had failed to supply him with his portion of the sample. We also discovered that there was no evidence that the medical professional instructed by the Police had obtained the necessary medical consent from our client.

When pretended with our findings, the Crown Prosecution Service eventually agreed to drop the case and our client was acquitted. As a result, he kept his driving licence and was able to continue with his career.

Drug Driving Case Study 2

Manchester & Salford Magistrates’ Court

Our client was a CAD technician. Due to a sporting injury, he had limited mobility and would have found it very difficult to use public transport. Had he been convicted, he would have lost his driving licence and found it very difficult to get to work.

After being followed by the Police, our client was stopped, accused of drug driving and arrested.

At the Police station he was required to give a blood specimen for analysis.

Before taking blood, the medical professional must obtain the subject’s consent and the Prosecution must prove that this has been done.

In the course of checking the prosecution evidence, we found that there was no evidence that the necessary consent had been obtained. Once we were able to demonstrate this procedural defect, the Crown Prosecution Service agreed to drop the case. As a result our client was acquitted and kept his driving licence.

Had he been convicted, he would have been disqualified for at least 12 months.

Is your licence at risk through a drug driving offence? – We can help

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