If you are caught drug driving, your options are to either plead guilty or not guilty. We strongly recommend that you speak to our expert drug driving solicitors before you make this decision. We offer various defence methods that could either reduce the penalty you’re currently facing or result in the charges being dropped completely.
If you have been caught drug driving, please contact our specialist drug driving solicitors at UK Driving Law. We are highly experienced in defending against a number of driving penalties, including drug driving.
Drug driving can relate to both illegal drugs and legal drugs, including prescription/over-the-counter medication. Whether your penalty has been issued from an illegal perspective or legal medication, our drug driving solicitors will ensure the most favourable outcome.
Simply put, you cannot drive if you have taken a drug and it impairs your ability to drive. You also cannot drive if you have over the specified limits of certain drugs within your system. If you are caught driving and either of these applies, you are practically certain to be charged with drug driving.
Though some charges may be more devastating than others, our drug driving solicitors have experienced a wide range of cases and positively impacted the penalty issued.
Unlike alcohol driving charges, there is a zero-tolerance policy with regard to driving and illegal drugs. This means that even if a tiny trace of an illegal substance is found in your system, you could be accused of drug driving. This can create difficulties, as drugs typically remain in your bloodstream for several days after use. Drug driving solicitors know the intricacies and what can be done to nullify potential penalties.
However, the law does allow for ‘accidental exposure’. This is when an illegal drug such as cannabis enters your bloodstream due to passive smoking, for example. That is why the legal limits have been set at just above zero. For example, the legal limit for cannabis is two microgrammes per litre of blood.
If you have been charged with a drug driving offence, please contact us at Driving Law. You have two options open to you in terms of seeking help from drug driving solicitors.
You can plead guilty to the charge. Doing so will almost certainly mean that you receive a mandatory driving ban. Depending on the circumstances, this could range from a minimum of 12 months to a maximum of 36 months.
You may also receive a fine and a community order of varying severity. In the most serious cases, you could be imprisoned for up to six months. The driving endorsement will remain on your licence. Because you will be given a criminal record, it may be difficult to find future employment, as well other aspects that may be difficult after suffering a criminal record.
You can plead not guilty to the charge. Depending on your case, you might have a chance of succeeding at trial, especially with our highly experienced drug driving solicitors.
It is worth exploring this option. There are many defences available and these are not necessarily dependent on the test results. Indeed, if the police failed to follow the correct procedures, the case against you might not even make it to court. Our drug driving solicitors will discuss the entirety of the situation and explore options to plead your innocence.
A drug driving solicitor can analyse your case and determine the best defence. Each requires an in-depth knowledge of the law. That is why you must ask a solicitor who specialises in motoring offences to help you, to ensure optimal chances of success. When we look at your case, we’ll typically consider the following key things:
A significant number of drug driving cases are successfully defended on the grounds of procedural errors. The police must follow strict protocol at all times, including at the roadside and at the police station. Drug driving solicitors will assess exactly what happened when you were tested for drug driving. If there was any deviation from the rules, we will bring it to the prosecution’s attention immediately.
Once the prosecution is made aware of these errors, they might determine that the case against you cannot proceed. If so, your case goes no further. Even if there is a court hearing, our drug driving solicitors will argue that the correct processes were not followed, meaning the testing taken can not be used as evidence. This will severely undermine the prosecution’s case as it is unlikely that they have any other evidence to rely on.
There are two different drug driving charges. A driver can either be charged with ‘driving while unfit through drugs’ or ‘driving with excess drugs’. The former charge is hard for police to prove as it depends on the results of a field impairment test.
This is when you are asked to do things such as walk in a straight line and stand on one leg. This could be one way to dispute a drug charge for our drug driving solicitors, due to there being multiple reasons for not carrying out physical tests.
Once a blood sample is taken, it will be outsourced to a laboratory for testing. The results of this test will determine whether your case proceeds to court. Just like the police must follow the correct protocol when testing you, these laboratories must also follow the correct processes when handling your blood sample, this is another aspect in which drug driving solicitors can dispute mishaps.
Along with the defences described above, there are other legal and technical defences that can work to your advantage. For example, it could be argued that you:
Please contact our drug driving solicitors if your case is not mentioned, we can still discuss your situation, as well as the possible ways to dispute your penalty.
To enquire about our services, call us on 0203 488 8101 or email us at email@example.com.