Drug Driving Solicitors
Our specialist Drug Driving solicitors and barristers are ready to take on your case
At Kang & Co our specialist Drug Driving Solicitors are at hand to offer their expertise. By working with scientific experts and using our knowledge of Drug Driving, we can offer you the best possible chance of acquittal or lesser punishment.
The offence of ‘Drug Driving’ is relatively new and came into force in England and Wales on the 2nd March 2015. Specific drug limits are sets for several illicit and prescribed drugs, if the quantity of drugs exceeds the maximum limit, a person could face prosecution for Drug Driving.
A person can face prosecution if they drive, attempt to drive or is in charge of a motor vehicle on a road or other public place with a specified drug in the body which exceeds the prescribed limit.
What is the Drug Driving Law?
The offence of driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit is contained within Section 5A of the Road Traffic Act 1988.
Prescribed Limits for Drug Driving
The prescribed limits for each drug (illicit or prescribed) are contained within the table below. If a person is found to have quantities in their blood in excess of these limits, they are likely to face prosecution.
|Controlled Drug||Limit (microgrammes per litre of blood)|
|Lysergic Acid Diethylamide||1|
There is a defence under Section 5A(3) of the Road Traffic Act 1988, which states that a person charged with this offence will have a defence if they can show:
- The specified controlled drug had been prescribed or supplied to the Defendant for medical or dental purposes
- The Defendant took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions given by the manufacturer or distributor of the drug, and
- The Defendant’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971
The defence contained within Section 5A(3) of the Road Traffic Act 1988 will not be available if the Defendants actions were:
- Contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or
- Contrary to any accompanying instructions about that matter given by the manufacturer or distributor of the drug
Where Drug Driving trials take place?
The offence of driving or being in charge of a motor vehicle with a concentration of specified controlled drug above specified limit contrary to Section 5A of the Road Traffic Act 1988 is triable only summarily, this means that a trial would only take place in the Magistrates’ Court.
Sentencing Powers for Drug Driving
If a defendant is convicted or pleads guilty to this offence, they will be disqualified from driving for at least 12 months, if this is the first disqualification. If a person has previously been disqualified for a relevant offence in the last 10 years, then the Magistrates’ will impose a driving disqualification for at least 3 years. In addition to the disqualification and depending upon the individual circumstances of the offence, a defendant can receive a custodial sentence (imprisonment) of up to 6 months.
Drug Driving Solicitors
The offence of drug driving is likely to result in a driving ban and potentially a custodial sentence. It is important that if you are being prosecuted for this offence, you should seek expert legal advice and representation from a specialist motoring offences solicitor or barrister.
Call our Motoring Offence Solicitors on 0345 222 9955 for an initial free consultation about your case or send us a message via our contact form below, or request a callback at the bottom right of the page.
Specialist Drug Driving Solicitors
Kang & Co Solicitors truly specialist solicitors and barristers are experts at defending clients who have been charged with a driving offence or are facing potential punishment.
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