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Drug Driving MDMA & Ecstasy
M and M’s, Doves, dolphins, Sweeties, Brownies; just some of the street names for this class “A” controlled drug. It is vitally important to be aware of the nature of this drug, if a defendant is going to fight a drug driving charge (where the prosecution allege that Ecstasy is the drug involved); or where a suspect/defendant is going to force the prosecution to prove its case!
Remember this, a defendant does not have to prove a thing: the prosecution brings the case and they must prove each and every element of it, including the nature of the drug involved. That is where the difficulties can begin for them. If drug driving lawyer knows what he or she is about, then his or her client has a fighting chance of being found “not guilty” as charged! Providing, that is, the core principles mentioned above are borne in mind.
Ecstasy is a truly synthetic drug (largely derived from amphetamine), and is normally sold in this country in the form of a pill or capsule. It can be found in a number of different forms:
Pills or capsules, which often have logos or designs of one sort or another, and which are simply swallowed;
Ecstasy powder, which may be the result of the crushing of a pill or pills or simply sold in powder form (this may be snorted or wrapped into, say, a cigarette paper and swallowed);
Ecstasy crystals, which are occasionally sold seen on the streets.
How Ecstasy Affects Your Body / The Zero Tolerance Principle
The effects of the drug vary depending upon the individual, but it is a stimulant which will normally have a euphoric effect upon the user (hence the name!). It also may have an hallucinogenic effect. Taken orally, in a comparatively small dose, it will begin to have an effect within 20 to 60 minutes. The effect may be delayed if taken on a full stomach. Leaving aside the dangers to an individual involved in taking any substance, the contents of which are unknown, this drug can also lead to dehydration and becoming overheated: hence the tragic deaths of some young people at late night clubs, etc., In short this drug is given a class “A” classification because it is lethality. The drug is not quickly eliminated from the body, and it takes about 36 hours for a person to be completely clear. This, of course, can have major repercussions if an individual chooses to drive.
The level at which a person will be prosecuted for drug-driving, with Ecstasy in their system, is comparatively low. For Ecstasy it is 10 micrograms per one litre of blood (a limit lower than was recommended by Government experts). It must be remembered that one microgram is 0.000001 of a gram: 10 micrograms is really that small!
This low prosecution level for the drug, is particularly so when it is remembered that a suspect driver could be over the drug driving limit for Ecstasy without necessarily being unfit to drive: the concepts are different, though, as a matter of common-sense, there will often be overlap.
For all practical purposes, therefore, there is a “zero-tolerance” for the driving of any vehicle, on a public road or public place whilst a driver has this drug, in his or her system. The effects of this “zero- tolerance” approach are no better demonstrated than in the mere fact of the new drug-driving legislation, created by Parliament in 2013 (The Crime and Courts Act) and brought into force in 2015; having been grafted on to the old Road Traffic Act 1988, as an amendment by the government (the new section 5A).
Taking The Test - What Happens Afterwards
When the police take a blood sample from a suspect at the police station, then the alleged level of the drug in the blood will be measured (perhaps weeks later), by a forensic scientist or, in all likelihood, by junior members of his or her staff. Therefore, the methodology and purity of the techniques they employ and the skills and experience of these sometimes junior and lower level staff, are all important factors when it comes to producing something which resembles an accurate measurement, of Ecstasy in a blood sample. Challenging such techniques and forcing the prosecution to prove, as they must, that the testing procedure was sound, is one of the crucial methods of fighting such allegations in court.
It is important to bear in mind that, unlike breath specimens, provided at a police station, in a drink driving prosecution (where the results are obtained almost immediately), measuring the level of Ecstasy in the bloodstream is not an exact science [see video “Drug Driving”]; and takes much time and scientific effort to achieve. There will be no immediate result, following the taking of a blood sample; and a suspect may have to wait months for the result. This is because various tests and procedures have to be carried out on the blood sample and the various private laboratories involved are presently under enormous pressure of work: this, of course, can work to a suspects advantage. Moreover, personal factors, the type and purity of the Ecstasy will all have an effect upon the levels, detected by the laboratory analysis of a suspects blood. These factors include:
- Age, weight and height;
- Metabolic rate and whether or not the person has consumed the drug on a full stomach
- Whether or not alcohol or other drugs have been used in combination with the Ecstasy;
- The nature of the ecstasy, its strength and purity;
- The period of time over which it has been consumed and the doses consumed
- The manner in which it was consumed (snorted or swallowed)
Next Steps: WHAT SHOULD YOU DO NOW?
If you have been charged with the new section 5A offence or are waiting for the police to notify you of the results of their analysis of your blood; or been charged with the old section 4 offence of driving whilst unfit, then you need to know URGENTLY what can be done to fight the case.
It is obvious that you need to call a lawyer quickly.
If that lawyer offers the following, you may think it wise to make that call:
1. Initial ‘phone advice given free of charge;
2. Available to speak to clients 7 days a week, 364 days a year between 9.00 AM and 7.00 PM;
3. Specialist drug and drink driving advocate, who has practiced for 36 years in both the Magistrates and Crown Court, having also represented clients in both the High Court and Court of Appeal;
4. Who will have complete sole control of your case and who will be the one taking your call, at 11.00 on a Sunday morning, if you choose to ‘phone. In other words a lawyer available at your convenience, not the other way around &
5. A list of references from satisfied clients and access to expert witnesses, at the “cutting-edge” of their respective professions.
Total client commitment
A No-nonsense and proven approach to fighting your case.
Call now for immediate advice concerning your MDMA & Ecstasy drug driving case.
For a FREE consultation call: 07786 709 403
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What clients say about us
Wimbledon Court
Peter | Croydon
Thank you for your impeccable attention to detail, honesty and professionalism throughout this ordeal.
Southend on Sea Court
Dylan | Essex
I was charged with failing to provide a blood sample but the reason for this was because of my needle phobia and general stress.
Sefton Court
Harry | Merseyside
I came across the motoring justice website on the net and looked at the videos and references. I was charged with drug driving (61 in Benzo and 43 in Ketamine) and had to go to Liverpool Court.
Reading Court
Mark | Bracknell
You were my lawyer at Reading Court today on a drink driving charge (110 in blood) and things had not looked good before I chose you to represent me.
Oxford Court
Yahaya – London
I had 4 charges against me at the Oxford Court – Failing to provide breath test as a “Driver”. Driving other than with a licence. Not having road insurance & Failing to provide breath test as was “In Charge”.
Norwich Court
Ryan | Coventry
I came before Norwich Justices’ Court on a drug driving charge, 3.9 micros in a litre of my blood. You always said that the police procedures were wrong and should be fought.
Leeds Court
Tabraz | Leeds
Was charged with drink driving (50 in breath) and Googled you. Thank goodness I did! You are a top drink driving/drug driving barrister.
Highbury Court
Amardeep | Birmingham
I had been charged with D.U.I. [at Highbury Corner Magistrates’ Court] but the prosecution service then changed it later to driving over the drug drive legal limit.
Drug Driving Legal Defence
A Personalised Legal Defence Specialist Drug Driving Advocacy
Backed by over 40 years of experience.
If you are facing a drug driving charge or are waiting the results of a police blood test, having been arrested on suspicion of drug driving, then you must take immediate steps to seek legal advice.
There is clear legal case law supporting the proposition that, if the police did not follow procedures correctly, then that is the end of their case. One such right which you enjoy is that your consent to giving blood must be given without fear and unconditionally. In other words the police cannot force you to give blood.
Real cases, real people. We’ve saved many drivers from 12 months punishment for drug driving accusations. Check out what they say.
