Drug Driving Defence Solicitors
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"The best criminal solicitors in London.. the prosecution dropped all the charges!"
| ‘Illegal’ drugs (‘accidental exposure’ – zero tolerance approach) | Threshold limit in microgrammes per litre of blood (µg/L) |
|---|---|
| benzoylecgonine | 50µg/L |
| cocaine | 10µg/L |
| delta-9-tetrahydrocannabinol (cannabis) | 2µg/L |
| ketamine | 20µg/L |
| lysergic acid diethylamide | 1µg/L |
| methylamphetamine | 10µg/L |
| Methylenedioxymethamphetamine (MDMA) | 10µg/L |
| ‘Medicinal’ drugs (risk based approach) | Threshold limit in blood |
| clonazepam | 50µg/L |
| diazepam | 550µg/L |
| flunitrazepam | 300µg/L |
| lorazepam | 100µg/L |
| methadone | 500µg/L |
| morphine | 80µg/L |
| oxazepam | 300µg/L |
| temazepam | 1,000µg/L |
| Separate approach (to balance its risk) | Threshold limit in blood |
| amphetamine | 250µg/L |
Prosecuted for drug driving? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.
On the 2 March 2015, new legislation came into force making it illegal to drive with certain levels of drugs in your system. The offence of driving with drugs in excess of the prescribed limit made it unlawful to drive with anything more than a very small amount of illegal drugs in the body. The threshold limits for drugs found in the body were deliberately fixed by the Government to levels far lower in comparison to those for drink driving.
If the police suspect you of drug driving you will be taken to a police station to provide a sample for analysis. To prove the presence of a drug in your system, a medical practitioner will perform a simple blood test at the police station to test if you are above the limit.
When taking a blood or urine sample from you requires there must strict adherence to the procedure set down in law by the officers or practitioners conducting it. Because this is a relatively new procedure mistakes do occur, which if identified and proven can prove fatal to the Prosecution’s case against you. If we consider that there is a procedural issue with the way your sample case, then it may well be that the case against you cannot be proven.
If, for example, your consent was not sought in respect of the blood sample requested from you, then it may be that the case against you will fail. BSQ will provide you with a full evaluation of your case as to any defence(s) available and advice on the realistic prospects of success if you choose to contest these charges.
Table Of Drugs And Limits
Section 56 of the Crime and Courts Act 2013 inserted s.5A into the Road Traffic Act 1988 making it an offence to drive with a blood concentration in excess of a specified limit for a specified controlled drug. On that date, eight generally prescription and eight illicit drugs were added into new regulations that came into force in England and Wales. Regulations on amphetamine came into force on 14 April 2015. The limit in respect of the permitted level of each illicit and prescription drugs are contained in the following table. The limit for each drug is measured in microgrammes per litre of blood.
The level of service they provide is uncommonly good
— A M
The best criminal law solicitors in London... the prosecution dropped all the charges!
— L F
My experience with Berkeley Square Solicitors was fantastic. My case was resolved with in a week.
— K H
Penalties
There are currently no set Sentencing Guidelines in respect of the offence of Drug Driving. The guidance issued by the Magistrates’ Courts Sentencing Council in November 2016 advises Courts to impose a minimum 12 month driving disqualification for a first-time offender.
The length of the disqualification that the Court will impose will range from 12 – 36 months and in more serious cases, the Court can impose a community penalty (ie unpaid work) or even up to 6 months in prison.
Importantly, unlike an offence of Drink Driving, there is no Rehabilitation Course available to reduce any disqualification period.
Consideration must be given to the fact that if you have a previous drink or drug driving conviction within the last ten-years, then the minimum disqualification will be three years.
If a Court considers that there are aggravating factors that make your case more serious, for instance a collision or evidence of poor driving, then the Court can impose an increased disqualification period beyond the minimum 12 months.
Case Studies
Client A. Client A was summoned to appear at a Magistrates Court having been charged with Drug Driving. A had been arrested after he was stopped while driving. A was taken to a police station where he provided a sample of blood as the police requested. The results of the analysis of the sample came back as showing Benzoylecgonine present. Traces of this are commonly found in cocaine users. Client A denied that he had ever taken Cocaine. A was employed as a professional driver and thus subject to random drug tests.
A was represented by Patrick O’Hanlon. A pleaded Not Guilty to the charge and the case was set down for trial. BSQ made numerous requests to the CPS for the disclosure of the forensic data pack of the blood sample recording how the sample had been handled and the chain of custody in it’s sending to the forensic laboratory for analysis. Despite our numerous requests and applications, the DATA Pack was never served. The case against A was successfully dismissed at trial as a result.
If you find yourself facing an investigation or prosecution for a motoring offence, please call our offices on our 24 hour helpline on 0203 858 0853.
DRUG DRIVING
Prosecuted for drug driving? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.
On the 2 March 2015, new legislation came into force making it illegal to drive with certain levels of drugs in your system. The offence of driving with drugs in excess of the prescribed limit made it unlawful to drive with anything more than a very small amount of illegal drugs in the body. The threshold limits for drugs found in the body were deliberately fixed by the Government to levels far lower in comparison to those for drink driving.
If the police suspect you of drug driving you will be taken to a police station to provide a sample for analysis. To prove the presence of a drug in your system, a medical practitioner will perform a simple blood test at the police station to test if you are above the limit.
When taking a blood or urine sample from you requires there must strict adherence to the procedure set down in law by the officers or practitioners conducting it. Because this is a relatively new procedure mistakes do occur, which if identified and proven can prove fatal to the Prosecution’s case against you. If we consider that there is a procedural issue with the way your sample case, then it may well be that the case against you cannot be proven.
If, for example, your consent was not sought in respect of the blood sample requested from you, then it may be that the case against you will fail. BSQ will provide you with a full evaluation of your case as to any defence(s) available and advice on the realistic prospects of success if you choose to contest these charges.
Table Of Drugs And Limits
Section 56 of the Crime and Courts Act 2013 inserted s.5A into the Road Traffic Act 1988 making it an offence to drive with a blood concentration in excess of a specified limit for a specified controlled drug. On that date, eight generally prescription and eight illicit drugs were added into new regulations that came into force in England and Wales. Regulations on amphetamine came into force on 14 April 2015. The limit in respect of the permitted level of each illicit and prescription drugs are contained in the following table. The limit for each drug is measured in microgrammes per litre of blood.
|
Illegal
drugs ( accidental exposure zero tolerance approach) |
Threshold
limit in microgrammes per litre of blood ( g/L) |
|
benzoylecgonine |
50 g/L |
|
cocaine |
10 g/L |
|
delta-9-tetrahydrocannabinol
(cannabis) |
2 g/L |
|
ketamine |
20 g/L |
|
lysergic acid
diethylamide |
1 g/L |
|
methylamphetamine |
10 g/L |
|
Methylenedioxymethamphetamine
(MDMA) |
10 g/L |
|
6-monoacetylmorphine
(heroin) |
5 g/L |
|
Medicinal
drugs (risk based approach) |
Threshold
limit in blood |
|
clonazepam |
50 g/L |
|
diazepam |
550 g/L |
|
flunitrazepam |
300 g/L |
|
lorazepam |
100 g/L |
|
methadone |
500 g/L |
|
morphine |
80 g/L |
|
oxazepam |
300 g/L |
|
temazepam |
1,000 g/L |
Penalties
There are currently no set Sentencing Guidelines in respect of the offence of Drug Driving. The guidance issued by the Magistrates’ Courts Sentencing Council in November 2016 advises Courts to impose a minimum 12 month driving disqualification for a first-time offender.
The length of the disqualification that the Court will impose will range from 12 – 36 months and in more serious cases, the Court can impose a community penalty (ie unpaid work) or even up to 6 months in prison.
Importantly, unlike an offence of Drink Driving, there is no Rehabilitation Course available to reduce any disqualification period.
Consideration must be given to the fact that if you have a previous drink or drug driving conviction within the last ten-years, then the minimum disqualification will be three years.
If a Court considers that there are aggravating factors that make your case more serious, for instance a collision or evidence of poor driving, then the Court can impose an increased disqualification period beyond the minimum 12 months.
Case Studies
Client A. Client A was summoned to appear at a Magistrates Court having been charged with Drug Driving. A had been arrested after he was stopped while driving. A was taken to a police station where he provided a sample of blood as the police requested. The results of the analysis of the sample came back as showing Benzoylecgonine present. Traces of this are commonly found in cocaine users. Client A denied that he had ever taken Cocaine. A was employed as a professional driver and thus subject to random drug tests.
A was represented by Patrick O’Hanlon. A pleaded Not Guilty to the charge and the case was set down for trial. BSQ made numerous requests to the CPS for the disclosure of the forensic data pack of the blood sample recording how the sample had been handled and the chain of custody in it’s sending to the forensic laboratory for analysis. Despite our numerous requests and applications, the DATA Pack was never served. The case against A was successfully dismissed at trial as a result.
If you find yourself facing an investigation or prosecution for a motoring offence, please call our offices on our 24 hour helpline on 0203 858 0853.
MOTORING CHARGES
Overview
New Drivers
The level of service they provide is uncommonly good — A M
The best criminal law solicitors in London... the prosecution dropped all the charges! — L F
My experience with Berkeley Square Solicitors was fantastic. My case was resolved with in a week. — K H
My experience with the Berkeley Square Solicitors was amazing. They successfully closed my case with my best interests in mind. — J S
We did a few call enquires, and knew instantly when we spoke to BSQ that we could trust them to get the best outcome. We are very pleased with the outcome. — L F
One of the best professional lawyers I have ever met. He handled my case very well and the case was dropped, i would highly recommend. — D I