Drug Driving Charge
The client is facing a drug driving charge in the UK, with a court date set for 2024. The incident occurred when the client was stopped by the police following substance use days prior. A mouth swab conducted at the scene indicated the presence of drugs, leading to a blood test that confirmed elevated levels of a specific metabolite. As a self-employed driver, the client is particularly concerned about the potential impact of a driving ban on their employment. The client claims they were not under the influence at the time of being stopped.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I challenge the accuracy of the blood test results showing elevated levels of the metabolite?
To challenge the accuracy of blood test results, you could argue potential issues in handling, testing procedures, or calibration of equipment. Request disclosure of the prosecution's evidence, focusing on chain of custody documents and laboratory accreditation. It's crucial to examine whether proper protocols were followed and if the results might be erroneous. Consulting a toxicology expert may provide insights into challenging the results based on scientific grounds.
Are there any legal defences specific to drug driving charges that apply to my situation?
One potential defence is the "unintentional consumption" defence, where you argue that you did not knowingly ingest the substance. Another approach is to argue "no impairment," requiring evidence that your driving was not impaired despite the positive test. It is advisable to consult with a solicitor specialising in motoring offences for tailored strategies.
What are the potential penalties I might face if found guilty of drug driving, and is there any possibility of avoiding a driving ban?
If found guilty of drug driving, you may face penalties including a driving ban of at least 12 months, a fine, and potentially up to six months' imprisonment for first offences. Avoiding a driving ban is challenging but not impossible; you could request a shorter ban or propose mitigating factors related to your employment.
As a self-employed driver, how can I argue the impact of a driving ban on my livelihood in court?
To argue the impact of a driving ban on your livelihood, highlight your reliance on driving for work. Provide evidence such as financial statements or letters from clients demonstrating the consequences of being unable to fulfil commitments. The court may consider your hardship, and consulting a solicitor may help in presenting your case.
What are my rights during the court hearing, and what should I expect on the court date?
During your court hearing, you have the right to a fair trial, including presenting evidence and calling witnesses. If you represent yourself or choose representation, expect the prosecution to present evidence against you and be prepared to challenge it. Additionally, be ready to explain how a driving ban may impact your livelihood.
