Drug driving awaiting court summons

[Robbie19]

Oh right, I had no idea you’re in Scotland sorry, nonetheless these last 2 months will go quick my friend, best of luck

Cheers ave read every law information on this although Scotland have 12months to commence proceedings they still have to have lodged the information with the cps and after that they normally take 30 days of notice of prosecution so this last 2months are going to be torture

 

[Robbie19]

Not yet, he is in Scotland and the limit for proceedings starting is 12 months…..

Yeah iv read today they still have to have to have laid there information to the court within 6 months but u can be summons up to 12 months that’s the difference in law between Scotland and England

 

[price1367]

Yeah iv read today they still have to have to have laid there information to the court within 6 months but u can be summons up to 12 months that’s the difference in law between Scotland and England

I don’t agree.

Paragraph 10(4) modifies section 136(1) of the 1995 Act so as to provide that the time limit for the commencement of proceedings for any statutory offence triable only summarily, unless the enactment fixes a different time limit, is temporarily increased from 6 months to 12 months.

Coronavirus (Scotland) Act 2020 - Explanatory Notes

www.legislation.gov.uk

If you follow the link to s136 (1) this is what it says:

Time limit for certain offences.

(1)Proceedings under this Part of this Act in respect of any offence to which this section applies shall be commenced—

(a)within [F1six months] [F112 months] after the contravention occurred;

(b)in the case of a continuous contravention, within [F1six months] [F112 months] after the last date of such contravention,

and it shall be competent in a prosecution of a contravention mentioned in paragraph (b) above to include the entire period during which the contravention occurred.
(2)This section applies to any offence triable only summarily and consisting of the contravention of any enactment, unless the enactment fixes a different time limit.

(3)For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if the warrant is executed without undue delay.

Criminal Procedure (Scotland) Act 1995

An Act to consolidate certain enactments relating to criminal procedure in Scotland.

www.legislation.gov.uk

So it is clear that the 12 month period relates to the citation being issued, not the court appearance, which can be later.

 

[Robbie19]

I don’t agree.

Paragraph 10(4) modifies section 136(1) of the 1995 Act so as to provide that the time limit for the commencement of proceedings for any statutory offence triable only summarily, unless the enactment fixes a different time limit, is temporarily increased from 6 months to 12 months.

Coronavirus (Scotland) Act 2020 - Explanatory Notes

www.legislation.gov.uk

If you follow the link to s136 (1) this is what it says:

Time limit for certain offences.

(1)Proceedings under this Part of this Act in respect of any offence to which this section applies shall be commenced—

(a)within [F1six months] [F112 months] after the contravention occurred;

(b)in the case of a continuous contravention, within [F1six months] [F112 months] after the last date of such contravention,

and it shall be competent in a prosecution of a contravention mentioned in paragraph (b) above to include the entire period during which the contravention occurred.
(2)This section applies to any offence triable only summarily and consisting of the contravention of any enactment, unless the enactment fixes a different time limit.

(3)For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if the warrant is executed without undue delay.

Criminal Procedure (Scotland) Act 1995

An Act to consolidate certain enactments relating to criminal procedure in Scotland.

www.legislation.gov.uk

So it is clear that the 12 month period relates to the citation being issued, not the court appearance, which can be later.

Ok cheers I didn’t go into all that I just looked up police Scotland police procedures iv still got a long way to go thanks

 

[price1367]

Ok cheers I didn’t go into all that I just looked up police Scotland police procedures iv still got a long way to go thanks

What will be will be, don’t spent your time obsessing with a search for ‘the truth” because otherwise what you cannot control will rule your life!

 

[Robbie19]

What will be will be, don’t spent your time obsessing with a search for ‘the truth” because otherwise what you cannot control will rule your life!

Ok thanks I guess there going to go the distance to the 12 months so I’ll be waiting a year to get banned for a year or more it’s been a hard 10 months cheers

 

[Robbie19]

Ok thanks I guess there going to go the distance to the 12 months so I’ll be waiting a year to get banned for a year or more it’s been a hard 10 months cheers

Lol I had hope for a day oh well

 

[price1367]

Ok thanks I guess there going to go the distance to the 12 months so I’ll be waiting a year to get banned for a year or more it’s been a hard 10 months cheers

You have my full sympathy over the wait.
I have seen on here where some courts seem to have been sympathetic over the delay and have been generous with the amount of ban they have given, but even in the most optimistic scenario, they cannot go below 12 months. (Reduced with a DDRS course)

 

[Robbie19]

You have my full sympathy over the wait.
I have seen on here where some courts seem to have been sympathetic over the delay and have been generous with the amount of ban they have given, but even in the most optimistic scenario, they cannot go below 12 months. (Reduced with a DDRS course)

Thanks

 

[northstar]

Right so last year I had been pulled over and they could smell cannabis so they drug tested me, I failed the test in the very last few seconds and was taken to the police station.
They performed the blood test on me and told me they’d hear from me soon and let me go.

However, I called up my solicitor regarding what happened the next day and it turns out by law they are supposed to ask you if you want a sample for your own testing. Now, I had no idea about this and they did not ask me or present me with a separate sample taken from the initial blood test.

My solicitor then told me they have some grounds to fight for, I was told to wait for a court summons in the post and then call him up once it had arrived. Fast forward to today, it’s been over 5 months since the day I was pulled over and I haven’t heard anything or any letter in the post.

What are the chances that I won’t be charged?
Any help or previous experience will be highly appreciated, cheers folks.

Right so last year I had been pulled over and they could smell cannabis so they drug tested me, I failed the test in the very last few seconds and was taken to the police station.
They performed the blood test on me and told me they’d hear from me soon and let me go.

However, I called up my solicitor regarding what happened the next day and it turns out by law they are supposed to ask you if you want a sample for your own testing. Now, I had no idea about this and they did not ask me or present me with a separate sample taken from the initial blood test.

My solicitor then told me they have some grounds to fight for, I was told to wait for a court summons in the post and then call him up once it had arrived. Fast forward to today, it’s been over 5 months since the day I was pulled over and I haven’t heard anything or any letter in the post.

What are the chances that I won’t be charged?
Any help or previous experience will be highly appreciated, cheers folks.

Hi I have Just come across your post, glad you were under the limit, can I ask how often You smoked cannabis and the last time you used it before your blood test. Someone I know is awaiting their results.

 

[BigTone]

Hi I have Just come across your post, glad you were under the limit, can I ask how often You smoked cannabis and the last time you used it before your blood test. Someone I know is awaiting their results.

Hi I had smoked if I can remember correctly, 4 hours or so before I was pulled. I used to smoke 6-8g everyday back then. I’ve quit smoking since, I hope this helps!

 

[BigTone]

Hi I have Just come across your post, glad you were under the limit, can I ask how often You smoked cannabis and the last time you used it before your blood test. Someone I know is awaiting their results.

It’s been a couple months, any update on the situation? Best of luck!

 

[BigTone]

Thanks

It’s been a while, how did everything go? Did you get a letter?

 

[judd93]

Good news boys, I was under the limit. Case closed, thank you for all your help.

Hi bud did they actually tell you your results?

 

[duffy28]

Good news boys, I was under the limit. Case closed, thank you for all your help.

How much had u smoked and how long was it aftet u smoked that they tookthe blood

 

[kushty96]

Hi guys, first off thank you for this post and the comments it's helped to settle me a bit again. I was pulled over due to an old work colleague trying to get me done for drink driving (wanted my job and didn't being like told what to do by someone younger lol). So I was pulled on the suspicion of that I blew 20 which was under the limit. They then performed a drug swipe (which I don't think they are allowed to do without suspicion). The obvious blag of my eyes looked glazed was said and they continued to perform test. Faint line on cannabis. I smoked in the morning (smoke a g or so daily). So was arrested, bloods taken. Out the cell within 4 hours which I found to be weird too. Told I would hear back no matter the circumstances. 9 and a half months on. Admittedly moved address just after the six month period. Always kept my drivers license address up to date though. Still have not heard anything as of yet, I havent contacted to check for obvious reasons. Have I got lucky or is there a summons at my old address I don't know about? I want to put this to bed and move on with my life but I constantly find this popping back into my head and checking my license online as I've heard they will just ban you if they can't find you. Thank you

 

[C J 1980]

Hi guys, first off thank you for this post and the comments it's helped to settle me a bit again. I was pulled over due to an old work colleague trying to get me done for drink driving (wanted my job and didn't being like told what to do by someone younger lol). So I was pulled on the suspicion of that I blew 20 which was under the limit. They then performed a drug swipe (which I don't think they are allowed to do without suspicion). The obvious blag of my eyes looked glazed was said and they continued to perform test. Faint line on cannabis. I smoked in the morning (smoke a g or so daily). So was arrested, bloods taken. Out the cell within 4 hours which I found to be weird too. Told I would hear back no matter the circumstances. 9 and a half months on. Admittedly moved address just after the six month period. Always kept my drivers license address up to date though. Still have not heard anything as of yet, I havent contacted to check for obvious reasons. Have I got lucky or is there a summons at my old address I don't know about? I want to put this to bed and move on with my life but I constantly find this popping back into my head and checking my license online as I've heard they will just ban you if they can't find you. Thank you

Firstly, did you tell the police when you moved address? If not, there is a chance the summons might have been sent to your old address with the court date. Has the new occupant of your former address been forwarding the mail on to you?

CJ

 

[kushty96]

Firstly, did you tell the police when you moved address? If not, there is a chance the summons might have been sent to your old address with the court date. Has the new occupant of your former address been forwarding the mail on to you?

CJ

No I didn't tell them directly. And no unfortunately I do not have any forwarded mail. So I guess I'm still in limbo for now.

 

[Bad_karma]

No I didn't tell them directly. And no unfortunately I do not have any forwarded mail. So I guess I'm still in limbo for now.

Call 101 and ask

 

[C J 1980]

No I didn't tell them directly. And no unfortunately I do not have any forwarded mail. So I guess I'm still in limbo for now.

I would advise you to ring either 101 or attend your local police station. What you need to consider is - a summons may have been sent to your former address with a court date. You are not aware of the court date so don’t attend. The Magistrates then issue a warrant for your arrest and you will be circulated as wanted on the PNC. Therefore, you need to address this ASAP.

On the flip side of the coin, the police officer who arrested you has not processed the case file and therefore you will not be subject to any court case or forthcoming prosecution. This is probably the best outcome for you, but you seriously need to speak to the police as a matter of urgency to ascertain if you have in fact been sent a summons you are not aware of.

CJ