Charged with drug driving.

[deej]

I was stopped on the 8/4/2023 @ 21.15 whilst driving a motor vehicle. Reason for stopping me was a document check.
(I didn't know this at the time)

I had cannabis in my possession - namely 2x 100mg RSO capsules and 1.5 grams of ground raw flower prepared for oral use.
I panicked as I was worried about the police finding the cannabis as I was subject to a suspended prison sentence.
I stupidly decided to conceal the cannabis by swallowing it prior to exiting the vehicle to prevent the officers finding it.

Unbeknown to me i was unsuccessful in my attempt to conceal all of the cannabis, a microscopic amount had escaped my mouth and was seen attached to my clothing by the officer who stopped me. I was subsequently subjected to a roadside drug test which i failed for THC. ( i was also breathalysed with a negative result) I still had small particles of cannabis in my mouth when I was being tested.

I was then taken to a police station, there was a delay of 1.5hrs until arrival as the first station was unable to accommodate and subsequently taken to a second.

I was booked in and blood taken by a healthcare professional. (Within 45min - 1hr of arrival.)
I believe the MGDDA and MGDDB forms were completed, although not sure as I was beginning to feel the effects of the cannabis, I am somewhat confident that the forms were completed with the special warnings given.

I was released on bail - However my fingerprints, photographs and DNA was NOT taken nor recorded at the police station. No other method of identification was made, used or requested.

I was released from bail on the 5/7/2023 and notified I was now released under further investigation.

5 days After the statutory time limit had expired, I received a postal requisition stating that charges of driving above the prescribed limit contrary to s.5a RTA had been laid 2 days before said expiration.

I am due in court for my first hearing on 23/10/2023


My livelihood is centred around my ability to drive. I am a self employed automotive locksmith and provide mobile key solutions to motorists who have lost or damaged their vehicle keys. I am also a freelance HGV Recovery Specialist who on behalf of two companies deal with the repatriation of heavy goods vehicles involved in road traffic incidents.

At the time of this offence, i was the subject of a suspended prison sentence of 26 weeks, suspended for 18 months which was ordered by Highbury Magistrates on 17/03/2022 for assaulting police and drug possession. I had 2 prior breaches of this suspended sentence and was warned that ANY further breaches or commission of further offences would result in immediate activation.

I intend to defend against the allegation of drug driving for the following reasons:

• My innocence in this matter.
• My license is a requirement of my livelihood
• If convicted I could be sent to prison for breaching the order of a previous conviction by the commission of further offences.

I am aware that my defence will come at the cost of potentially self incriminating other offences. Namely, obstructing a pc and destruction of evidence. Which could also constitute a breach of the Suspended sentence I received - however the risks posed to my life, livelihood and liberty would be outweighed by that of the current offence.


Please could you advise me on what would be the best defence strategy?
How difficult would it be to persuade the court of my stupidity? On the balance of probabilities..
Could this be achieved without legal representation?
Could this be achieved without commissioning an independent toxicology report?
Is it possible I could commission a toxicology report without a legal representative?

Given the Circumstances, Could I qualify for a defence representation order?
Would that order cover the cost of a toxicology report?

Is it relevant that no Biometrics or DNA was recorded at the police station?
Is that an issue I should take or accept with my given my defence?

Many thanks for taking the time to read and consider this.

 

[Martin Hammond]

Good evening.

If you had not taken any drugs for the days (possibly weeks) before the offence you could run a post driving consumption defence.

To do that you would need to convince the Court that you had taken no drugs prior to driving and then get a toxicologist to prove that the amount you took added up to your eventual reading.

You could hire a toxicologist direct but many do not like it. You could represent yourself but it is very hard to do and this is a very technical defence.

As a rule legal aid doesn't get granted for driving matters but there is nothing to stop you applying. If you get it then your solicitor and expert would be covered but again it is very rare this would be granted.

I hope this helps

Kind regards
Martin.