Arrested for drug drive

Lewisdale

New member
Hi I was arrested for drug drive after cocaine showed up on a roadside swab, after being arrested the officer let me return to my car to get my phone and money before taking me to the station, I had a small lump of cocaine on my center console of my car and quickly swallowed it as I was getting my belongings to avoid being further arrested for possession, now obviously this will give me a higher reading when my blood test comes back, could I use this as a suitable defense?

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It can be a valid defence to suggest that you would not have been over the limit save for what was consumed AFTER you had driven. However, the burden would be on you to establish that as an accurate position,. You would need to call evidence form an expert forensic toxicologist to prepare a calculation to support this. This is very difficult to do with cases like this where the drug used is not a regulated drug and where it is not possible to definitively state the strength of what was consumed
 

Lewisdale

New member
Ok and what about the fact that the doctor was having problems taking blood from my arm and it was agreed that he just took one sample, so now I do not have a sample to get analysed myself?
 
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