Drug Driving Offences

Drug Driving Offences

Are You Facing Prosecution For A Drug Driving Offence?

It is an offence to drive or be in charge of a vehicle if you are over the specified limit for certain drugs. It is also an offence to drive or be in charge when under the influence of drugs. This includes both legal and illegal drugs. If convicted, you face a driving ban. This could have big implications for your job or your business.

Even if you are fit to drive, it is an offence if you are over the specified limits for certain drugs, for example cannabis, cocaine, ecstasy (MDMA) and ketamine, and you haven’t been prescribed them. In these cases, the police will have to prove that you were over the set limit, but they will not have to prove that your driving was impaired.

Police can use new “drugalysers” to test for cocaine and cannabis at the roadside, but at the moment are only be able to test for other drugs at the police station.

The limits also apply to certain prescription medicines unless you’ve been prescribed them, you followed advice by a healthcare professional on how to take them, and you aren’t impaired. These medicines include diazepam, temazepam and morphine.

In cases of driving under the influence of drugs, the prosecution must prove the driver’s ability to drive was impaired by drugs.

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Defending Against A Drug Driving Offence

Drug driving is a serious offence. However with the help of an expert solicitor there are a number of defences and other factors which may help save your licence or limit the sentence.

For example we are often able to mount a defence around failures in police or forensic procedures in relation to blood samples.

We’ll meticulously check all the evidence against you and uncover any failings in forensic or police procedures. If you have a defence, we’ll find it. If not, we’ll concentrate on minimizing the sentence against you.

Our damage limitation strategy has helped avoid or minimize driving bans for many clients and we’re often chosen by other barristers and solicitors to represent them, winning cases which others thought were unwinnable.

That’s why if you’re charged with an offence of drug driving or driving under the influence, you need the help of an experienced motoring solicitor like Richard Silver.

Contact Richard Silver today on 0161 834 9494 if you’re facing a drug driving charge.

Sentencing For A Drug Driving Conviction

A drug driving conviction usually leads to disqualification from driving.

You could be facing a compulsory disqualification of at least 12 months, a heavy fine, and in some cases, a prison sentence.

The length of a driving ban is dependent on a number of factors, including any bad driving and any previous convictions.

In the case of illegal drugs, the law adopts a “zero tolerance” approach. This means that a driver who is over the legal limit would not necessarily be impaired. Also, the degree to which the driver is over the limit bears no relation to the likely level of impairment.  This means that a high reading should not necessarily be treated more seriously than one that is only just over the limit. Also, some drugs remain in the blood long after ability to drive is no longer impaired.  In addition, in some cases where more than one drug is found, they should be treated as one for sentencing purposes. Many lawyers are unaware of these issues, which can make a big difference to the length of any disqualification.

Contact Richard Silver For Expert Legal Defence 

To avoid or reduce a driving disqualification, you should seek the help of an experienced solicitor like Richard Silver.

We will advise you about possible defences and may also be able to put forward “special reasons” to avoid a ban as well. For example, if you were driving in an emergency, or the distance was very short, you may avoid disqualification.

In some cases, expert forensic evidence may be needed and we can arrange this on your behalf.

If you were banned more than two years ago for a drug driving offence, we can usually apply for removal of any disqualification on your behalf, and we have successfully done so in many cases.

Contact Richard Silver today on 0161 834 9494 if you’re facing a drug driving charge.