Drug Driving - In charge of vehicle

Convicted Driver Insurance

Ash174

Member
Hello,

Recently during the covid lockdown I made a stupid mistake to go outside and smoke some cannabis.

Me and my partner drove about 2 mins away from out home (where we live with parents) and I had a smoke. My partner does not smoke and is against it, she only came out with me so she could drive me back home.

I smoked around 10pm and the police came around 11pm and could smell the cannabis and asked me to do a swab. And then went to the station for a blood . I am now awaiting the results so I haven’t been charged yet.

But I was not driving the vehicle, I was sitting in the drivers seat and we were watching a movie on the phone and my partner had the keys to the car. When the police car approached I wanted to open the window so my partner put the keys into the ignition and I opened the windows. So when the police officer arrived the keys were in the ignition but engine was off.

I am now really worried into what will happen. Can anybody give me any advice if I will get a sentence or what my penalty will be.

Thanks.
 
Well you were certainly “in charge“ of the vehicle. Did you explain the circumstances to the police? Did they interview you and / or your girlfriend?
The penalty for in charge whilst under the influence of drugs is a disqualification (no set length) OR 10 points.
You can read the guidelines here:

Archive: Drug driving (guidance only) – Sentencing

www.sentencingcouncil.org.uk www.sentencingcouncil.org.uk
 
Hello. Thank you.
The police wouldn’t let me say anything until the interview. They have not given me an interview yet and said they will wait for the result of the blood test. Neither have they interviewed my partner. They let her go straight back home.
I was about to head back home and my partner had the keys to the car ready to switch seats with me and drive back home. I am really worried about loosing my license as it will affect my job and income.
 
It appears they have no evidence of you driving, but it seems strange that your girlfriend reached across and put the keys in the ignition, and that you were in the drivers seat, but not going to drive (or is the ignition /key entry in the centre of the dashboard?

The police these days seem to take the easy way out so unless you really upset them in some way they will probably settle for the in charge offence. If you can satisfy the court that you had no intention to drive, and you have no previous then you are quite likely to get the 10 points.
 
Thanks.
Well I asked her to put the keys in So I could open the window to speak to the police.
The only reason she came with me was so she would drive me back home.
i have no previous convictions. Would this result in a criminal record if I got charged?
 
Hi buddy,when the police approached your car where were you sitting and where was your friend sitting.is your friend insured to drive the car.
 
you we're in the drivers seat with keys in the ignition.if your blood come back over the limit which they will given the time you last smoked the police will try and charge you will being in charge or attempting to drive,both carry a criminal record am afraid.expect to wait six weeks at least for your bloods.phone a motoring lawyer this week and seek some advice,butch they don't come cheap.i spent over 6 thousand pound last year which was a compleat waste
 
I would not waste money on a motoring solicitor.decent ones start at £3,000. Your only issue would be if they charged you with drug DRIVING. For IN CHARGE you appear to have no defence.
You were lucky they did not hit you with a Covid fixed penalty as well!
 
wow.
The keys were only put in the ignition by my partner so I could open the window. Prior to that the car was completely off and we were both sat inside.
How do I actually prove this to the courts?
 
Ash174 said:
wow.
The keys were only put in the ignition by my partner so I could open the window. Prior to that the car was completely off and we were both sat inside.
How do I actually prove this to the courts?
Click to expand...

There's no way you can prove that mate. You were sitting in the drivers seat with keys in the ignition, doesn't matter who put them there you were in charge of the vehicle.
 
You were sat in the drivers seat, that alone indicates that you were in charge. When the police approached the keys were in the ignition which cements the fact that you were in charge. You had driven it there, so you were in charge until your girlfriend took over the driving.... which had not happened when the police were there.
You have to convince the Police that you had no intention of driving to get them to go for an in charge offence, they you can tell the magistrates what your plan was and hope they go for the 10 points.
When the police interview you make it clear that you had no intention of driving. Sometimes when you are not caught driving it is advocated that you do a “no comment” interview. In this case, you HAVE committed the “in charge“ offence, you want to show full co-operation with the police to persuade the magistrates to go for the points option.
 
i think grace 96 in right,if the keys where in the ignition whoever put them there,you where in charge,looking forward now stop smoking and visit the doctors every month to show you've stopped smoking as the dvla will want prove of this,you don't need to be banned to lose your licence,if the dvla suspect you misuse drugs they may revoke your licence.
 
Just a thought, Do you already have points on your licence? If so, 10 would carry you into the totting up ban territory.
whatever you get, drug driving or in charge whilst under the influence of drugs counts as a criminal conviction.
 
I have 0 points on my license at the moment. So 10 points for me would actually be a life saver. I will defo stop the smoking and visit the doctors about this.
So do I just have to wait for my interview and make sure they understand that my partner was meant to drive us home?
 
Yes, maybe show them her driving licence and proof that she was insured to drive, but they may still want to interview her as well. 6 weeks is optimistic, it may be 3 months before you hear anything.
 
When you visit the doctor,it was the first time you have ever used canabiss,also if you drink get this under control less than 14 units a week for the foreseeable future
 
One other thought, if you are in the first 2 years of having your licence, the 10 points would mean a driving test resit......
 
Thank you for the doctor tips. I generally don’t smoke regularly or drink regularly.
I have held my license for around 10 years now.
I’m really terrified of loosing my license as my whole future can be ruined and I won’t be able to work and provide for my family.
I need to the police to understand I had to intention of driving the vehicle back home.
is it worth speaking to solicitors?
Thanks.
 
You can speak to a solicitor. They will warn you that you can lose your licence. Charge you a big fee and then when you get 10 points they will say “see, it is a good job you had me” but in reality if you explain the circumstances to the policem get charged with in charge and explain to the magistrates and apologise, 10 points is on the cards anyway, plus a fine, which you can pay out of what you have saved from not paying a solicitor
 
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