Home > Drug Driving
Have you been stopped by the police, arrested and given a court date bailed to return to the police station, or received a summons for an allegation of driving whilst unfit through drink or drugs?
If so, contact Just Motor Law today and we will apply our expertise with the aim of winning your case. We have a proven record of success in defending our clients against this allegation!
So what does the law actually say?
It is a criminal offence to:
Drive a motor vehicle if your ability to drive is for the time being, impaired by drink or drugs
The “drugs” in question can be either illegal drugs or prescription medication that you have legitimately taken
Impairment of the ability to drive properly can be shown by evidence of the quality of your driving or observations of your own condition as the driver
In certain circumstances, the police may conduct impairment tests on you such as balancing and counting exercises
If following those tests, the police have reasonable cause to believe that a drug is in your body, or if a medical practitioner advises that your condition might be due to some drug, then you can be required to give a sample of blood or urine for examination by a forensic scientist who will provide a statement indicating whether drugs or alcohol were in your system and commenting on any possible link between the drug or alcohol and impairment of the ability to drive
Just because you have a drug (legitimate or illegal) or alcohol in your system does not mean that you will be convicted of this offence. The CPS must prove that the drug and/or alcohol impaired your ability to drive. We can instruct your own expert forensic report, study the police station CCTV and the statements of the police doctor with the aim of challenging the suggestion of impairment.
At Just Motor Law, our experts will provide you with the advice you need on your options for challenging this allegation.
You may think that these are open and shut cases but they are typically not and there are often loopholes and technicalities that can be exploited in order to win your case. As specialists in this field we will carefully evaluate the circumstances surrounding your arrest and scrutinise the procedures the police have followed with the aim of establishing your defence and saving your licence.
What are the penalties if you are caught drug driving?
If you are convicted of this offence, the consequences can be very serious as this is an offence that carries mandatory disqualification (unless Special Reasons apply). The sentence can range from a fine of up to £5000, through to a community sentence such as unpaid work in the community, an electronically monitored curfew, or can carry up to 6 months imprisonment for the most serious offenders
You would be disqualified for a minimum of 12 months
The minimum disqualification increases to 3 years if you have a previous relevant conviction within the last 10 years
Your job may be at risk if you are banned from driving
Undoubtedly, your insurance premiums would rocket following a period of disqualification
You will have a criminal record that will only become spent after the time scales set out in the Rehabilitation of Offenders Act. Consequently, if required you will have to inform your employers or future employers of this conviction during those time scales
If you need your driving licence then everything is at stake if you are convicted of this offence. You need the right experts to help you fight the case at every stage. At Just Motor Law we pride ourselves on contesting each case with the greatest tenacity, with the aim of you being found not guilty.
How can you avoid the mandatory disqualification?
Our team are experts in this field and know what types of situations can lead to a successful Special Reasons arguments. We will discuss your case and all of the circumstances with you in detail and advise you when this is an argument that can be put forward on your behalf in an aim to protect your driving licence.
We will ensure that your case is prepared thoroughly for the Special Reasons argument. The onus is upon you to establish that there are Special Reasons and we will attend court with you and present the most forceful representations on your behalf. We will present the complex case law where appropriate that deals with different circumstances where Special Reasons are found for the court. Our team are experts in presenting this argument to the Court and have a proven track record in persuading the Court they should not ban in these circumstances. Don’t just accept it – defend it!
Examples that can amount to Special Reasons not to disqualify for driving whilst unfit through drugs:
Taking tablets prescribed by a doctor who has failed to warn you of the effects of even a small amount of alcohol
Taking a drug to soothe pain from an injury not knowing that would make you more susceptible to alcohol
Remember, there is always something that we can do to help and with Just Motor Law you will not face this stressful and complex situation alone.
What are you waiting for? Get in touch with the team now
for FREE initial advice on your case and how we can help you.