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Drug Driving

Poole Alcock solicitors can explore all options and robustly defend your drug driving prosecution

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The new offence of drug driving is one of the most prosecuted offences at this time. The Court lists all over the Country are inundated with this offence. It is interesting to note that people of all ages are being charged and prosecuted with this offence.

Under the new legislation, namely, section 56 of the Crime and Courts Act 2013 inserted a new section into The Road Traffic Act 1988(section 5A Drugs and Driving). This created two new criminal offences.

It is now a criminal offence to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place when a person has a specified controlled drug in their body and the proportion of the specified controlled drug exceeds the allowable legal limit for that particular drug.

Drug Driving – Which drugs are covered?

This legislation also applies to legal and prescribed drugs as well. An example would be, Morphine which is a legal drug to actively and control pain. However, if the concentration in ones blood exceeds the threshold limit of 500ug/l, that will lead to a conviction for drug driving.

Clearly this legislation covers illegal drugs, but they also have an allowable limit. One example would be Cocaine which has an allowable limit of 10ug/l.

There is also the more insidious drug Benzoylecgonine, which is a metabolite of Cocaine. So where one has taken cocaine on a Friday night for example and has no intention of driving until Monday, they are still caught out. It may well be the case that the residue of Cocaine remaining in the blood is no longer over the threshold limit, but the metabolite Benzoylecgonine (which is totally inert) may well be over the threshold limit of 50ug/l

Sentences for Drug Driving

If you’re convicted of drug driving you will receive:

  • a minimum 1 year driving ban
  • an unlimited fine
  • up to 6 months in prison
  • a criminal record

Your driving licence will also show you have been convicted for drug driving. This will last for 11 years.

Defending Drug Driving throughout Cheshire and the North West

Poole Alcock has expert defence solicitors based in offices across Cheshire, including CreweAlsager, Congleton, Sandbach, Nantwich and Wilmslow.

You may be eligible for legal aid, subject to a means test. Click here to complete our legal aid eligibility to see if you are eligible for public funding.

We are happy to discuss your case with you over the telephone. Call us today on 01270 256665 or contact us using this form and we will call you back to discuss your case.

Call us on: 0800 389 7093

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Committed to Excellence – Drug Driving

Specialising in all areas of law across Cheshire and beyond, we offer a modern service with traditional values, giving you the complete legal service whenever you need us.

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