Drug Driving
Drug driving.
Specialist legal defence.
Drug driving cases are more technical than they first appear. The right answer depends on the reading, the drug involved, the police procedure, and whether the charge is right.
At a glance
s.5A RTA 1988The legal framework
The headline reference for this service is s.5A RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
The issues I examine
Clarity first.
Then light at the end of the tunnel
Section 5A cases turn on laboratory evidence and on procedure. Both repay close attention.
- The specified limit
- Each controlled drug has its own limit. Whether the reading exceeds it, and by how much, shapes both the charge and the sentence.
- Laboratory analysis
- Continuity of the sample, storage, delay before analysis and the methodology used can all be examined.
- The statutory medical defence
- Where the drug was lawfully prescribed or supplied and taken in accordance with directions, a defence may be available on the evidence.
- Roadside and station procedure
- The preliminary drug test, the grounds for requiring a specimen and the procedure that followed are all open to scrutiny.
- Identity and driving
- As with any road traffic charge, the prosecution must prove who was driving and that the vehicle was on a road or public place.
- Special reasons and mitigation
- Where the offence is made out, there may still be argument available on disqualification and on the sentence imposed.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| 12-month minimum ban | Mandatory on conviction |
| Up to 6 months’ custody | Most serious cases |
| Medical defence possible | Where the drug was lawfully prescribed |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
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