Advise Please? - URGENT!

[longy27]

Hello All,

I was hoping to get some advise on my situation.

I was pulled up on a private driveway to a farmers field in my vehicle with the engine NOT running and the keys were not in the ignition but on the passengers seat. When I wish to smoke I will drive to this location and park my car smoke and then either walk home or get a taxi back home as I don't drug drive.

The police came and asked me what I was doing there and smelt the Cannabis and asked me for a drug saliva sample. I provided this and was positive for Cannabis. I was arrested and had my bloods taken and then was released on investigation. I have an interview with the officer tomorrow.

I was hoping to get some advise on this and how I can defend myself? Also would it be worth paying the £400 fee I have been quoted to have my blood sample tested privately in this case?

Any help is greatly appreciated.

T

 

[longy27]

To clarify I was arrested on Drug Driving and Incharge of a Vehicle whilst unfit through drink or drugs.

I was also searched and my car was - I was not provided with any record of the search and they left my car in a state!

 

[Recovered22]

To clarify I was arrested on Drug Driving and Incharge of a Vehicle whilst unfit through drink or drugs.

I was also searched and my car was - I was not provided with any record of the search and they left my car in a state!

Were you sitting in the drivers seat with the keys within reach? If so that's in charge, in the ignition would be drug driving. Unfortunately, cars are rarely left in good condition after a search. They are taken apart but rarely put back together. I live in Northern Ireland and the police once took my seats and interior out then had an emergency call at the end of the search and left me putting it back together. If you feel the condition of your car was bad you can make a complaint to the ombudsman like I did, but it was pretty pointless just to get a letter stating I shouldn't have been left to put it back together. I knew that without making a complaint.

 

[Recovered22]

Also on the private driveway, was this driveway gate closed and locked behind you?

If not then this would be considered public access.

 

[price1367]

Grice96 has given good advice. The offence can take place on a road or public place - anywhere the public have access. So unless it was a locked gate to other barrier, or clear signage prohibiting entry then it IS a public place. - if you were able to drive in freely, then anyone can.
I would not bother spending £400 on your blood test, unless you want to know quickly if you are over the limit. As you had just had a smoke it seems inevitable that you will be over the limit which is set very low. The sample the police have is not tested by the police, it is sent got an independent lab to be tested and they have no reason to elevate the result.
You can put forward the defence that you were ‘unlikely to drive whilst still over the legal limit. Before you go down that route though you need to consider a couple of points:
1. You would be likely to fail a cannabis drugs test for 16-20 hours after you have driven, so you would be asked about your driving the next day, e.g. what time were you due at work and where.
2. You can be expected to be challenged about driving to a remote spot, smoking a joint and then walking home or calling a taxi - as you have in the past. I will admit that my fort reaction was that this was most unlikely - especially calling a taxi for that journey.
You can expect the prosecution, and indeed the magistrates, to be as sceptical as me, so think about what you will be asked….. “how far away is the farmers drive from your house” - if you walked, to see how feasible that is. “If you were going to call a taxi (as you have done before) which taxi company have you used before and can you produce confirmation of using them for such a journey before?” - that should be relatively easy. I doubt that they have many calls saying “can you pick my up from a farm driveway at XXXX and take me home.”

What have you already said to the police as the scene? Did you say you had only smoked a joint after you pulled up? Did they ask you about work the next day?
You can ask for a duty solicitor to be made available for you when you attend the police station. This is free and he / she can guide you as to if you should answer any questions.

 

[mrturk]

As you had just had a smoke it seems inevitable that you will be over the limit which is set very low. The sample the police have is not tested by the police, it is sent got an independent lab to be tested and they have no reason to elevate the result.
You can put forward the defence that you were ‘unlikely to drive whilst still over the legal limit.

Hello - I noticed on the legal advice thread the poster mentioned they were arrested for driving whilst unfit through drugs and being in charge whilst unfit. On this thread they just said 'drug driving' but going by the former it sounds like they weren't arrested for Section 5A. That's unusual these days so unless they were arrested by more old fashioned police officers it might be they live somewhere without Section 5A like Northern Ireland or IoM. In any case the limit doesn't apply (if it really is unfit), and getting their own blood sample tested would be even more of a waste of time since the level would make no difference. The real point of interest is whether the arresting officers have evidence they were unfit to drive. Not to say of course they couldn't be charged with S5A later if the results come back over, providing they live in a place with that offence. Also everything else you said here is obviously correct, just wanted to mention it.