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Drug Driving protocol (cannabis)

djdrb

New member
#1
I was recently driving down a dual carriageway when i got a puncture, i pull over at the next slip road and begin to inspect the damage. Police show up and breathalised me, i blew a zero. They then say they want to swab test me to which i agree, after this they take me down the station (unsure of the reasonl). Im booked in and taken to to a* cell, finally at 00:41 they call me out for a blood sample, after this im locked back up and told it takes 5-7 days for results. Then released me at 9am on bail

In the interview i told them im a heavy camnabis user for medicinal purposes to which he laughed. I use it for my pain in my lower back from car accident around 4 years ago. I smok around 5 joints or 0.5 gram conceneteates a day to manage my pain. I have tried pain killers from doctors but they make me so drowzy and very little pain relief.
*I told them 2 nanograms is a ludicrous amount, espically when the cocaine threshold is much higher and a class A! Cannabis can stay in yoir system for 30 days so i could smoke a week ago and stil test posivitve in fortnights times. Unlike alcohol which usually flushes in 24 hours from your system.

My main questions are -
did they deal with this the correct way?
No pupil dilatiom test or other inability test
If they suspected cannabis why the breathalyser first?
No search of vehicle
Detainmemt for over 12hour for what? No charge
Why take so long for the blood test ?
I was never in contorl or behind the wheel when the police pulled up

I appreciate any help at all, and thanks in advance
 
#2
To clarify, the police are not testing for 'cannabis' but rather THC, the active element in the drug that results in impairment. Whilst you are correct that evidence stays in your system for several weeks regarding cannabis consumption, THC is broken down far more quickly and is usually out of a person's system in a matter of hours.

If the initial swab test has come back over the limit then they are entitled to arrest you and take you back to the station to obtain a blood sample. If the swab test has come back over the limit they are also entitled to keep you at the police station for some time to ensure that the drug is out of your system. After the change in legislation last year the police are no longer obligated to carry out any impairment tests, if they obtain proof that the level of THC in your system was above 2 nanograms then this is sufficient for them to prosecute you.

The police may have simply believed you were impaired and after the breath reading of 0 the next conclusion they reached was cannabis consumption. In respect of a search of the vehicle this is not required, irrespective of whether you were in possession of cannabis, if it is in your system then this is sufficient. Obtaining the blood sample is dependant on the availability of a healthcare professional to take this. Also, the longer that they have waited before obtaining the blood sample the lower the THC reading will be.

I cannot comment as to what evidence the police have that you were driving the vehicle. It may be that you admitted to this when you spoke to them, it may be that a member of the public reported you, or you were seen on a traffic camera etc. If you are charged with the offence the police will confirm what evidence they have that you were the driver.
 
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