15/12/2021
๐๐ฅ๐จ๐ ๐๐ฅ๐๐ฉ๐๐ก๐ ๐๐ง ๐ ๐๐๐๐ก๐๐
๐ฆ๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ฐ ๐ฎ๐ป๐ฑ ๐ฆ๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ฑ ๐ผ๐ณ ๐ง๐ต๐ฒ ๐ฅ๐ผ๐ฎ๐ฑ ๐ง๐ฟ๐ฎ๐ณ๐ณ๐ถ๐ฐ ๐๐ฐ๐ ๐ญ๐ต๐ด๐ด
Drug taking is often associated with the rich and famous and the use of drugs can be seen as part of a โglamorous lifestyleโ in this modern culture. However, there can be serious repercussions if you are found to be in possession of or supplying illegal drugs under section 4 and 5 of the Misuse of Drugs Act 1971.
As the festive season is in full swing on the run up to Christmas, recreational use of drugs will no doubt be flourishing. With the cold winter nights definitely creeping in, people will choose to travel to parties by car.
๐ฆ๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ฐ ๐ผ๐ณ ๐๐ต๐ฒ ๐ฅ๐ผ๐ฎ๐ฑ ๐ง๐ฟ๐ฎ๐ณ๐ณ๐ถ๐ฐ ๐๐ฐ๐ ๐ญ๐ต๐ด๐ด- makes it an offence to drive or attempt to drive a mechanically propelled vehicle on a road or public place whilst unfit through drink or drugs. It is also an offence to be in charge of a vehicle on a road or public place whilst unfit to drive through drink or drugs. This means that you do not have to be driving the vehicle but only in control of the vehicle at the time. It is for the court to decide based on facts presented to them as to whether a defendant was in charge of the vehicle or not.
๐ฆ๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ฑ ๐ผ๐ณ ๐ง๐ต๐ฒ ๐ฅ๐ผ๐ฎ๐ฑ ๐ง๐ฟ๐ฎ๐ณ๐ณ๐ถ๐ฐ ๐๐ฐ๐ ๐ญ๐ต๐ด๐ด- If a specimen is taken at the police station and the proportion of the drug in the blood or urine exceeds the specified limit for that drug you could also be guilty under Section 5A of The Road Traffic Act if you drive or attempt to drive a motor vehicle or you are in charge of a motor vehicle.
A police officer may arrest a person if he has reasonable cause to suspect that that person is or has been committing an offence. It is vitally important to understand your legal position regarding this offence, the options available, and the best steps to take from the outset. You may also be over the prescribed limit the day after taking or smoking drugs.
If you have already been charged with unfit to drive through drink or drugs or having a controlled drug in your system above the specified limit you must seek expert legal guidance. Our solicitors here at KTP will provide you with the best possible advice.
๐ช๐ต๐ฎ๐ ๐ฎ๐ฟ๐ฒ ๐๐ต๐ฒ ๐ฝ๐ฒ๐ป๐ฎ๐น๐๐ถ๐ฒ๐โ
There are several penalties for driving under the influence of illegal drugs or being in charge of the vehicle. These are:
1. Imprisonment (up to 6 months).
2. A fine (depending on your circumstances this could be unlimited).
3. A community service order.
4. 3-11 points on your license; and
5. disqualification (up to 36 months if this is your first offence and up to 60 months if this is your second offence in 10 years). The disqualification can also be extended if the court decides to impose immediate custody.
The scale of the penalty will be proportionate to the circumstances of your case, and you should seek legal advice for accurate advice based on your circumstances.
๐ฆ๐ต๐ผ๐๐น๐ฑ ๐ ๐ฝ๐น๐ฒ๐ฎ๐ฑ ๐ด๐๐ถ๐น๐๐ ๐ผ๐ฟ ๐ป๐ผ๐ ๐ด๐๐ถ๐น๐๐โ
Pleading guilty may mean that you avoid a trial at court, and you will also receive maximum credit from the court on your sentence. However, if you do believe there is a reasonable defence then you may be able to avoid a driving ban or reduce its sentence.
By pleading not guilty, you will be required to attend a Court trial. The Court will decide, after listening to the evidence presented, whether it is beyond reasonable doubt you are guilty of the charge.
๐ช๐ต๐ฎ๐ ๐ฎ๐ฟ๐ฒ ๐๐ต๐ฒ ๐ฑ๐ฒ๐ณ๐ฒ๐ป๐ฐ๐ฒ๐โ
Section 4 provides a defence for being in charge of a vehicle that there was no intention to drive.
There could be further defences depending on your circumstances, such as:
1. You were not impaired in any way and the police have made a mistake. The prosecution must prove that you were unfit to drive at the time, and if there is no specimen as evidence their case would be based upon the opinions of a police officer or specialist Doctor;
2. The event occurred on private premises โ to be found guilty, you must have been in a public space or on a public road โ if the location of the drink driving was not public, the Court might take this into consideration;
3. The drug was taken after driving;
4. Procedural reasons โ The police did not undertake the procedure correctly; this may cause sufficient doubt in the case.
It may also be possible to decrease a penalty if you have a โspecial reasonโ for committing the offence. This will not be a complete defence, but the court will take any mitigations into account when imposing your penalty. The circumstances of your case will need to be studied in detail by a solicitor.
๐ฆ๐๐บ๐บ๐ฎ๐ฟ๐
If you are charged with being unfit to drive through drink or drugs or because you have drugs in your system above the specified limit, the support and advice from an experienced criminal defence solicitor is vital. By assessing your personal circumstances and gathering the facts of your case you will have the best chance of a favourable outcome.
Please do not hesitate to get in touch with our expert solicitors at KTP if you have been charged with this offence or any other criminal matter that we will be happy to assist and support you with.
- Katie Baldwin, Trainee Solicitor
