Arrested at home not in my car

Mattc

New member
I was arrested at my property about ten minutes after I arrived home for a bladed article they searched my car and said it smelled of cannabis so they swab tested me and it came up positive for cocaine I had my blood taken at the police station but didn’t admit to that charge as how do they know in the ten minutes that I had got home I hadn’t done any drugs which I did do if they didnt witness me driving or pull me over they arrived at my address and arrested me there for another charge not related to drug driving Ten minutes after I arrived home but I didn’t say this at the police station i am a regular user of drugs so whatts the likelihood that it would still be high enough over the drug limit in my blood because at the time I was driving I wasn’t under the influence

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The law states that the amount of drug found in your system at the time of you providing that specimen is taken to be the amount at the time of driving. In cases like yours, where there is a gap in continuity, there is a defence available BUT it is for you to prove. It isn't enough to raise a speculative defence, for it to work it must be proven by you. Any residual drugs in your system may have had an impact on the result at the time of the specimen being provided but that would need the in put of an expert before giving a definitive position.

In this type of case, impairment of driving 'under the influence' is not as important a factor. This offence measure the amount in your system at the time and if that exceeds the prescribed legal limit then that can be enough to justify a prosecution.
 

Mattc

New member
But at the time of driving I wasn’t under the influence only when I got home did I take something and my brother is a witness as he was with me when I done some after I got home as I was just about to go out to a party I was still in my house when they knocked and in no way was I attempting to drive the car or was I in charge of the car I was getting ready to go out for a New Years party. I thought the court has to prove beyond reasonable doubt that I was driving under the influence
 
There is a legal presumption (Section 15 (2) Road Traffic Offenders Act 1988) that you were driving with excess drugs at the time of driving where a specimen obtained so close to the incident of driving. You have an opportunity to raise a defence (section 15 (3) Road Traffic Offenders Act 1988) centred on post driving consumption. Evidence can be called by you from your brother to support this. It is for you to raise a doubt in the mind of the court based on the facts presented.
 
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