Drug Driving Cannabis

Charged with drug driving? Immediate help is one ‘phone call away.

In effect there is a “zero-tolerance” for use, production and possession of this drug. Nowhere are the effects of this “zero-tolerance” approach better demonstrated than in the area of drug driving. If proof is needed for this view then the mere existence of the new law itself (the new section 5A of the Road Traffic Act) is confirmation enough: it has, after all, only been with us since 2015!

Moreover, this new offence is a serious one, carrying – as a minimum – a 12 month driving disqualification. However, in serious cases of impairment the disqualification could be significantly worse. In addition there is always the potential for a jail sentence of up to 6 months: this danger is particularly so for repeat offenders, or for those demonstrating clear signs of unfitness to drive, due to the effect of the drug, resulting perhaps in a road traffic collision (I do not use the word “accident”!), or suchlike.

“You took my trial at Liverpool, I was charged with drug driving (cannabis) and did not know where to go and I found you for which I was grateful. Your tactics were fantastic and I have just been found not guilty. I have now got my life back again and can get on with it. Your unique selling point is I only dealt with you and nobody else. I will recommend you to anyone who finds themselves in this position.”

Daniel – Liverpool Magistrates’ Court, July 2021.


Prosecution level for Drug Driving:

The prosecution level for drug driving, is comparatively low, 2 micrograms per one litre of blood (a limit far lower than was recommended by Government experts), particularly when it is remembered that when smoked a typical cannabis joint – and every joint will be slightly different – could raise a person’s THC level to well over 100 micrograms in just over 5 minutes.

It may be a surprise to learn that, when smoked – no matter how much cannabis the joint contains – it is highly likely that the limit of 2 micrograms will still be exceeded, some 24 hours later; even though the user may not be experiencing any after effects at this late stage! In fact one “drag” on a spliff will shoot the THC blood level up to between 15 and 20 micrograms (getting on for ten times the legal limit) within minutes.

“I was charged with drug driving and driving whilst unfit. We achieved a fantastic result and I can get my life back on track again. You have been extremely generous with your time and always made me feel reassured and confident if I was ever stressed. I am very glad that I found you on the net and would urge anyone in my situation, facing such allegations, to pick up the ‘phone and get in touch immediately.”

Mason – Medway (Chatham) Magistrates Court, November 2021.

Skunk is one of about 100 derivatives of the cannabis plant, all of which have, as a major constituent, a chemical compound THC. When the police take a blood sample from a suspect at the police station, then it is the THC level in the blood that is eventually measured (perhaps months later), by a forensic scientist. Note that, unlike breath specimens given by a suspect at a police station (in a drink driving prosecution), measuring your blood THC level is by no means an exact science [see video “Drug Driving”]; moreover, there will be no immediate result. Various tests and procedures have to be carried out on the blood sample provided; factors personal to the individual and the cannabis consumed, will all have an effect upon the eventual result provided by the laboratory.

These include:

Personal Factors:

  • Age, weight and height;
  • Metabolic rate (and this will be particularly relevant if the drug has been consumed in a cake or cookie);
  • Whether or not other drugs or alcohol have been used (or other prescribed, possibly, powerful medication);

Factors relevant to cannabis:

  • The type of cannabis consumed (its strength);
  • The period of time over which it has been consumed
  • The manner in which it was consumed (smoked, eaten or drunk);

 


What should you do?

If you are waiting for the results of a blood analysis, or been charged with the new section 5A offence, of driving with or attempting to drive with excess levels of a specified drug (cannabis, cocaine, etc.,); or been charged with the old section 4 offence of driving whilst unfit, then you require to find out URGENTLY whether or not the allegation can be defended. If a lawyer can offer the following then 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, 365 days a year between 8.00 AM and 8.00 PM;
  3. A specialist drug driving advocate, who has practiced for 36 years in both the Magistrates and Crown Court, and also having practiced in the High Court and Court of Appeal;
  4. Who will have sole control of your case and who will be the one taking your call, at 12.00 midday on a Saturday, if you choose to call. In other words a lawyer available at your convenience, not the other way around;
  5. A list of references from satisfied clients &
  6. Access to expert witnesses, at the “cutting-edge” of their respective professions.

If you want all of the above qualities in your lawyer, then call now on 07786 709 403 for a few minutes, no obligation, free legal advice. You have absolutely nothing to lose by making that first call: it may save you your licence and avoid a criminal conviction!

 

“My charge was driving with cannabis. You got me off on a technical loophole in the CPS case. You forced them to drop it and I received  a letter of “Discontinuance” from them. Your work was fantastic and you were always available to speak, even at weekends. Your legal knowledge of these offences was fantastic. You will be highly recommended by me to anybody else.”

Adam – Bath Magistrates Court, January 2021.