Daughter (newly passed test 3 weeks ago) had a crash today and failed the roadside drug test for cannabis - advice needed please

Convicted Driver Insurance

Willow_wilshaw

New member
Hi. My daughter passed her test earlier this month. While driving in a single track country lane she had a head on collision with a car coming the other way. The police were called and a drug test performed. She failed the test and was arrested and taken - firstly to the hospital (she is OK) and then for a blood test and back to the police station. At the time of writing this she is still in police custody. What steps should we be taking now?
 

Willow_wilshaw

New member
Thank you for your reply Martin.
My daughter was released yesterday evening after spending 4 hours at hospital to be checked over after the crash. The police did not take a statement from her or charge her yet, but said they would contact her to arrange taking the statement.

The cannabis in her blood is likely to be over the legal limit as she uses cannabis for medicinal purposes as she suffers with EDS - Ehlers-Danlos syndromes, amongst other medical issues. She has been able to reduce her medication down from 13 tablets a day through the GP to 4 tablets a day by using cannabis.

Is there any value in getting a private specialist medicinal cannabis clinic in the UK to review her health records to determine cannabis use for medicinal purposes, along with the benefits of being able to reduce her daily prescription medications? Is this angle a likely defense?

Her insurance company have written her car off as both air-bags were deployed which they state would cost thousands to repair along with the body damage. They will not pay out until the case against her for drug driving is resolved (with no conviction) - which I understand as by driving under the influence of drugs would render the insurance invalid) - so in all likelihood that could be 6 months to get a decision one way or another.

Is there anything that we can do in the meantime?

Thank you
 

Martin Hammond

Solicitor
I'm sorry to here that she has gone through all that, it must have been very upsetting for her.

As to the next stages I think you need to make sure you hire a lawyer to be present when she is interviewed as that is very important.

Also if she has been provided with a blood sample she needs to get it sent off for analysis but I am not sure of the benefit of a private cannabis clinic at this stage. It is mitigation at best really.
 

Willow_wilshaw

New member
She is absolutely devastated.

In terms of legal representation, as she is in receipt of benefits, including PIP at the higher rate for her disabilities, is she likely to qualify for legal aid?

She has not been provided with a blood sample? Should she have?
Thanks
 
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