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Thread: Diving under influence of Cannabis - Pending court trial date

  1. #1
    Iphone64 is offline New Member
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    Feb 2016
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    Default Diving under influence of Cannabis - Pending court trial date

    Hello, on the 4th of August 2015 I was pulled over after being followed for a very short distance by the police. I clocked onto the police car immediately in the distance so I know I wasn't speeding and indicated at every opportunity. I am infrequent smoker of cannabis and rarely take part when with my friends smoke. However on the night about an hour before being stopped I joined in smoking the last 'joint' between six lads. The officer smelt this and decided to perform a road side impairment test which I subsequently failed because I was 'unsteady'. This test was then again completed by the police doctor when I was taken to the station. I again failed this for the same reason. It was the first time I have been arrested and cuffed and I was in a state of disbelieve throughout the whole process. During both tests I felt I was on the border of fainting and couldn't stop myself shaking in fear, embarrassing I know! Even the copper who arrested my had to put his hand on my shoulder to calm me and allowed me to take a breather from the test. However in his documentation that I have access to he's only stated that I was 'Nervous'.

    A blood sample was then taken and I was bailed after. I didn't hear anything for 5 and a half months and then was charged last minute. I had my court date on the 9th of Feb. They expected me to plead guilty to which I pleaded NOT guilty. This was because the blood tests turned out to be 0.6ug/L and the limit is as we know 2ug/L. The police were relying on the blood being over the limit to allow a quick prosecution. Because I was under they are still trying to press the charge claiming my driving was 'erratic'. Therefore claiming I was still under the influence of cannabis and justifying the reason for pulling me over.

    My friends, lawyer, and other cops (I know personally) all suspect/know the real reason I was pulled was because I was driving an all black BMW at night. Not because my driving was erratic. I have denied this in court and denied being under the influence with the polices own toxicology test supporting that. My lawyer is considering brining in an expert to give an opinion to if a 0.6 THC level would impair myself.

    Does anyone have any suggestions or questions that can help me fight this? As I am 100% my driving was flawless I will be pursuing footage from the police ANPR equipped car to prove it was far from erratic.
    Last edited by Forum Moderator; 02-15-2016 at 02:05 AM.


  2. #2
    Join Date
    Nov 2008
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    I represent people accused of road traffic offences all over England and Wales
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    3,116

    Default Re: Diving under influence of Cannabis - Pending court trial date

    Convicted Driver Insurance Quotes
    The new laws on driving under the influence of drugs were designed to avoid issues of the police having to prove impairment by providing a standardised legal limit, similar to drink driving matters. If your reading has come back under the limit then I would suggest that this places you on strong footing to contest the case. However any specifics about what evidence is going to be useful should be discussed with your lawyer as they will be in a position to pursue the police/CPS for this evidence.

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