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Thread: Drug Driving, over limit in urine - MDMA; charged

  1. #1
    6666 is offline Member
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    Default Drug Driving, over limit in urine - MDMA; charged

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    Hi, not sure if this forum is still in use, however,

    I was stopped one evening driving home from daytime club event, time approx 2130... I had taken one pill in the club approx 15.00, of unknown substance.
    Left the club earlier than expected around 2045 but I considered myself perfectly ok to drive ( the pill had long since worn off many hours ago.) I had no alcohol.
    Police stopped me on way home as I forgot to put my headlights on (im always doing this as my daytime lights are bright and my dashboard is always lit up appearing so as the lights are on! )
    Police saw pupils were big so on that basis (no roadside drug test) they cuffed me and took me to station.
    I saw the doctor who confirmed pupils large, she advised a blood test. The police spend 45 mins trying to find blood test forms, they cant find them. So now they say im to take the urine test. The time of the urine test was around 2345.
    Test is back in and ive been charged. MDA MDMA and benz (coke) found in urine very unexpected high amounts.
    What am I looking at here, I thought the drug levels were for the amount in blood, so how can they charge with urine reading?

    Court is in a few weeks.

    Thanks for help.
    Last edited by Forum Moderator; 06-11-2016 at 03:21 PM.


  2. #2
    Join Date
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: Drug Driving, over limit in urine - MDMA; charged

    I have been looking into this matter as the police's actions seem quite unusual.

    I have spoken to a forensic toxicologist regarding this issue and there is in fact no legal limit for urine in respect of the new drug driving laws. They have also advised that it would be incredibly difficult to try and translate the result of a urine test to an equivalent of blood as there are a significant number of variables to be taken into account.

    The police are however still able to charge you with driving whilst unfit through drugs. When the legislation was updated it remained possible to charge someone with the offence, provided that you can still demonstrate that they had drugs in their system and were impaired as a result of this at the time of driving. It may well be the case that if all of the adverse effects had ceased by the time you were driving then the police would struggle to prove that you were impaired.

    Because of the unusual nature of the case I would strongly advise obtaining representation if you are minded to fight this. If you are interested in representation you are welcome to call my department on 0333 999 7158.

  3. #3
    6666 is offline Member
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    Default Re: Drug Driving, over limit in urine - MDMA; charged

    Hi

    Thanks for your response.

    I have spoke to several specialist solicitors who all agree I should plead not guilty as I have a good case. So I have instructed one. I was charged under section 5 which states that it is only in blood not urine for the law. I am due in court this week so I will keep the forum informed as to what happens.

  4. #4
    6666 is offline Member
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    Default Re: Drug Driving, over limit in urine - MDMA; charged

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    Hi
    Just an update for anyone who may be interested reading this forum.

    First court appearance, the CPS changed the charge to the section 4 one, so I pleaded not guilty on solicitors advice. (I wasnt impaired)
    Trial was this week, some months later, was hoping it to get thrown out in meantime but did not happen. Got in the courtroom in the dock about to start the trial, and case was dismissed immediately as the CPS prosecutor was missing evidence. (lots of mistakes were made anyway, in procedures, witness statements etc.)

    So done and dusted. If anyone would like the name of my solicitor, welcome to pm me.
    I would advise anyone in future, if your car is important to you, even doing anything recreationally now dont even go there. Is not worth it.

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