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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 1988
12-month minimum banMandatory on conviction
Up to 6 months’ custodyMost serious cases
Medical defence possibleWhere the drug was lawfully prescribed

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.

Headline consequences for Drug Driving
Potential outcomeWhat this means
12-month minimum banMandatory on conviction
Up to 6 months’ custodyMost serious cases
Medical defence possibleWhere 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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Your next step

Free initial consultation

Your questions matter.
Let’s talk them through.

You don’t need all the answers.
Just start with what’s happened.

Book a free consultation contact@johnviolaris.com ↗
John Violaris · Criminal Defence SolicitorEngland & Wales