New figures show that drug driving prosecutions increased by 144% last year.
It is an offence to drive if you are over the specified limit for certain drugs, such as cannabis and cocaine, even if you are fit to drive. In some cases, the limits also apply to prescription medicines, for example diazepam.
In most cases, the Prosecution will rely on a police station blood test and must then prove that the correct medical and forensic procedures have been followed by the Police. Where the Prosecution are unable to demonstrate this, acquittal may follow.
If convicted, drivers face a minimum ban of 12 months. Although there are currently no sentencing guidelines, the length of ban is likely to depend on a number of factors, including how far over the limit, any bad driving and any previous convictions.
A good solicitor will check that the Police have followed the correct procedures. In cases where there is no defence, it is important to concentrate on damage limitation, to ensure that the ban is as short as possible.
Because drug driving prosecutions are still relatively uncommon and there are no sentencing guidelines, it is often worth having an experienced lawyer to put forward appropriate mitigation in Court. In practice, this can make a big difference to the length of disqualification received.
If you are facing prosecution for drug driving and would like advice from an experienced Solicitor, why not contact Richard Silver today.
Call us on 0808 231 3908