Charged with drug driving? Help is one phone call away.
Specialists in drink and drug driving law. Call today for a FREE Consultation to see what can be done to fight your case. Immediate help is one phone call away.
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Charged Drug Driving
Charged with drug driving? Immediate help is one phone call away.
If you are facing a drug-driving charge or are waiting for the results of a police blood test, having been arrested on suspicion of drug driving, then you must take immediate steps to seek legal advice. The clock is running against you, and steps can be taken immediately to give you the best possible chance of successfully fighting the charge.
Free immediate telephone advice is available. Call the number above now for a few minutes free initial advice. You have nothing to lose and the call may save your licence and reputation! The new offence of driving while having drugs in your system over a certain limit, brought into law in 2015 (the new section 5A offence), now runs alongside the old offence of driving while unfit (the old section 4 offence). Though you may think it to be unfair, both offences can be charged together, though this tends not to happen in practice.
If charged with either of the two drug driving offences, then the police will want to get you to court as quickly as they can. However, unfortunately for them, in the case of the new section 5A offence, now the usual offence to be charged, they must wait until they receive the results of the forensic tests on your blood: notice the choice of the plural word “tests” and not “test”: watch the video below if you want to know why this may be so important.
If you’ve been charged with a drug driving offence
This delay is your first all important opportunity to take the initiative and challenge the police case, by instructing a lawyer who knows his or her way around this complex area of legislative and case law. Only by doing this can you give yourself a fighting chance of securing a discontinuance of the case, or, a court finding of “not guilty”. Remember, the police also are still getting up to speed when it comes to prosecuting the new section 5A offence. This fact is something which may work to your advantage. What also works to your advantage is that these prosecutions are fraught with difficulties for the police. The reason for this is because of the very complexity of the law. As a starting point, read “A. Defences – Police Procedures, etc.,” below. Moreover, as was noted in the academic legal book “Drink Drive Case Notes”, 2nd Edn. By Pauline. M Callow:
“The conviction rate is high, yet it is estimated that a considerable proportion of cases feature undetected procedural errors, which might have led to acquittal.”
You must also remember that these cases are criminal in nature carrying criminal punishment (driving disqualification, fine, possible prison sentence, etc.,): therefore, exactly the same burden of proof lies on the prosecution as in, say, a burglary or assault charge. The prosecution must prove their case, and you do not have to prove a thing. If you chose, you could simply sit back, plead “not guilty” and tell them to prove their case; not that that is something which any competent road traffic lawyer, or indeed this website, would suggest as being a proper or intelligent way to proceed. The far better course is to take the initiative by taking the battle to the prosecution. These are adversarial proceedings conducted in accordance with the rules of the court.
So then how do you do this – what are the possible “loophole” or technical defences?
The following comment from a former Senior Crown Prosecutor makes this vital point even more clearly:
“I prosecuted for almost 20 years and was continuously amazed at how seemingly intelligent people would come to court and, after a short glance at the prosecution papers, plead guilty without having even thought about speaking to a lawyer. In their mind they had been under the influence, driven a vehicle and been stopped and arrested: that was, for them, enough; believing – perhaps falsely – that the prosecution case couldn’t be challenged.They simply wouldn’t question whether or not they should have pleaded guilty in the first place!
“My job was simply to review the file (provided by the police) and, if everything appeared correct, accept the case and prosecute. I did not have access to all the case papers and therefore it would have been impossible for me to have confirmed, one way or another, whether there might have been some sort of technical defence.
Anyway that was a job for a defence lawyer and not me. If a defendant chose not to instruct a lawyer, then that was his or her business: it was not mine!”
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What clients say about us
Wimbledon Court
Peter | Croydon
Thank you for your impeccable attention to detail, honesty and professionalism throughout this ordeal.
Southend on Sea Court
Dylan | Essex
I was charged with failing to provide a blood sample but the reason for this was because of my needle phobia and general stress.
Sefton Court
Harry | Merseyside
I came across the motoring justice website on the net and looked at the videos and references. I was charged with drug driving (61 in Benzo and 43 in Ketamine) and had to go to Liverpool Court.
Reading Court
Mark | Bracknell
You were my lawyer at Reading Court today on a drink driving charge (110 in blood) and things had not looked good before I chose you to represent me.
Oxford Court
Yahaya – London
I had 4 charges against me at the Oxford Court – Failing to provide breath test as a “Driver”. Driving other than with a licence. Not having road insurance & Failing to provide breath test as was “In Charge”.
Norwich Court
Ryan | Coventry
I came before Norwich Justices’ Court on a drug driving charge, 3.9 micros in a litre of my blood. You always said that the police procedures were wrong and should be fought.
Leeds Court
Tabraz | Leeds
Was charged with drink driving (50 in breath) and Googled you. Thank goodness I did! You are a top drink driving/drug driving barrister.
Highbury Court
Amardeep | Birmingham
I had been charged with D.U.I. [at Highbury Corner Magistrates’ Court] but the prosecution service then changed it later to driving over the drug drive legal limit.
Drug Driving Legal Defence
A Personalised Legal Defence Specialist Drug Driving Advocacy
Backed by over 40 years of experience.
If you are facing a drug driving charge or are waiting the results of a police blood test, having been arrested on suspicion of drug driving, then you must take immediate steps to seek legal advice.
There is clear legal case law supporting the proposition that, if the police did not follow procedures correctly, then that is the end of their case. One such right which you enjoy is that your consent to giving blood must be given without fear and unconditionally. In other words the police cannot force you to give blood.
Real cases, real people. We’ve saved many drivers from 12 months punishment for drug driving accusations. Check out what they say.
