Drug driving second offence in the space of 7 months

Convicted Driver Insurance

BigTom

Well-known member
Trust me I know what he said, had to have my sister bring her tablets in and a doctor had to be called in because it was only a lower dose sleeping tablet and not the high dose it couldn’t be counted as an exceptional circumstance and she could still drive. Was prescribed to only be taken after 8pm so I couldn’t use that.
I also worked in a hospital as a porter and I’m a carer for 2 family members.
So they did all of this in a 15 minute magistrates court hearing when you were nearly 3 times over the prescribed limit?
 

Bigdaddy19

Member
So they did all of this in a 15 minute magistrates court hearing when you were nearly 3 times over the prescribed limit?
My reading was 5.4 from the judges own mouth it was a low reading only got £120 fine.
they rang a doctor, I was amazed when all this was going on as I know the limit is 2.
I wouldn’t bullshit over something like this mate so don’t make out I am mate.
 

BigTom

Well-known member
My reading was 5.4 from the judges own mouth it was a low reading only got £120 fine.
they rang a doctor, I was amazed when all this was going on as I know the limit is 2.
I wouldn’t bullshit over something like this mate so don’t make out I am mate.
I'm not suggesting that you are 'bullshitting'. There are many cases on here where people have been sole carers and/or key workers and have been treated completely as per the sentencing guidance provided to magistrates (if not harsher!).

Were you caught driving on a medical emergency with the person you give care to? If not and the magistrate was considering not banning you purely because your sisters tablets were not strong enough, then this is potentially a key defence that others could use in law.

I don't know you, and I don't know your full circumstances, but I do know what the law is and what the sentencing council guidance is. From what you have said; 1) You broke the law and 2) The magistrate was considering ignoring the sentencing guidance (and only didn't because the court phoned a doctor and decided your sister was not on high enough strength tablets).

This forum is to help others who find themselves in similar circumstances to yours/mine, and I am trying to understand why your case was seen to be special so others who find themselves in your position can be helped.
 

price1367

TTC Group
What can you tell me mate my paranoia kicking in now I’ve just seen all these threads.
I got caught/ Court/ 5.4 reading judge was going to let me off because I’m a carer and worked in a hospital but because by sister also lived in house and the sleepers she was on wasn’t the higher dose one he had to ban me
As has been pointed out, 5.4ug/l is 2 1/2 times the legal limit. The personal circumstances of an offender or their family has nothing to do with the punishment that is imposed unless it directly relates to the reasons for driving At the time of the offence.
I think you can feel sure that if the magistrate did say that he was considering not banning you, if he was actually going to impose something other than a ban, one of two things would have happened:
1. The Legal advisor (the person who sits in front of the magistrates, puts the charge to you and asks how you plead etc) should have pointed out that the magistrates had no discretion about imposing a ban.
2. If the legal advisor somehow missed pointing this out, the CPS representative would have given notic of appeal against a ban not being overturned, it would be referred to the Crown Court, and the magistrate would have slapped wrists for not imposing the ban.... then you would be banned.
 

Bigdaddy19

Member
I'm not suggesting that you are 'bullshitting'. There are many cases on here where people have been sole carers and/or key workers and have been treated completely as per the sentencing guidance provided to magistrates (if not harsher!).

Were you caught driving on a medical emergency with the person you give care to? If not and the magistrate was considering not banning you purely because your sisters tablets were not strong enough, then this is potentially a key defence that others could use in law.

I don't know you, and I don't know your full circumstances, but I do know what the law is and what the sentencing council guidance is. From what you have said; 1) You broke the law and 2) The magistrate was considering ignoring the sentencing guidance (and only didn't because the court phoned a doctor and decided your sister was not on high enough strength tablets).

This forum is to help others who find themselves in similar circumstances to yours/mine, and I am trying to understand why your case was seen to be special so others who find themselves in your position can be helped.
Yh I get what your saying
It’s to believe
My mate got medically revoked hos reading was 2.01 I was nearly 3 Xs that
Only passed my test 3 months before I got caught tbh I was expecting to lose my license and have to do it all again

how I got away with it I don’t know
Was my 1st driving offence, 1st time in court.

no was on my own
 
Convicted Driver Insurance

price1367

TTC Group
You didn’t have to retake your test because that only applies if you get 6 points or more in the first 2 years of passing your test. Drink or drug driving carries a ban but NO points hence no requirement to resit the test.
 

Lfc123

Member
Can anyone help me out, my medical is asking for a blood test, is this to see drugs in my system or would they want me to take an urine test to check for that?
 

neebob200

Well-known member
Can anyone help me out, my medical is asking for a blood test, is this to see drugs in my system or would they want me to take an urine test to check for that?
Have you phoned the dvla and asked them you don't normally have a medical after a drug driving ban the dvla don't know what substances you have taken it's usually a urine test if any as the window of detection is longer
 

Lfc123

Member
Have you phoned the dvla and asked them you don't normally have a medical after a drug driving ban the dvla don't know what substances you have taken it's usually a urine test if any as the window of detection is longer
I have spoke to the DVLA when I first found out I have to take a medical, but I think I haven’t asked enough questions at the time because I wasn’t expecting it, I’m going to phone them up again today to try find out more. A lad I know had his medical and when I’m asking him about it he said they seem to be bothered about alcohol going by all the questions he was asked. I’m just worried because of the blood test, I’m reading things online constantly and it’s saying cannabis can be in your blood for up to 3 months and my letter I got to book my medical came to me quicker than it has to other people so I don’t know what to do about it just yet
 

price1367

TTC Group
I have spoke to the DVLA when I first found out I have to take a medical, but I think I haven’t asked enough questions at the time because I wasn’t expecting it, I’m going to phone them up again today to try find out more. A lad I know had his medical and when I’m asking him about it he said they seem to be bothered about alcohol going by all the questions he was asked. I’m just worried because of the blood test, I’m reading things online constantly and it’s saying cannabis can be in your blood for up to 3 months and my letter I got to book my medical came to me quicker than it has to other people so I don’t know what to do about it just yet
I see in a previous answer from you that you refused to give a blood sample when arrested. You can be sure that this will be the reason you are being required to do a medical. They will require you to do a urine sample and it will be screened for a variety of drugs as they do not know that you were under the influence of cannabis,
I would not phone DVLA again to ask for details of the medical as it will only draw more attention to your case and may prompt more, lengthy, enquiries. You will not talk your way out of needing a medical so just accept it is going to happen.
 
Convicted Driver Insurance

Lfc123

Member
I see in a previous answer from you that you refused to give a blood sample when arrested. You can be sure that this will be the reason you are being required to do a medical. They will require you to do a urine sample and it will be screened for a variety of drugs as they do not know that you were under the influence of cannabis,
I would not phone DVLA again to ask for details of the medical as it will only draw more attention to your case and may prompt more, lengthy, enquiries. You will not talk your way out of needing a medical so just accept it is going to happen.
Yes I fully understand that because of my refusal of giving blood at the police station why I’m in this mess, but I’m concerned about the blood sample if that is also to check for drugs because when I research online cannabis stays in your blood longer than urine this is why I keep asking questions because I have not yet been told if there using the blood sample also as a drug test and when I have asked on threads previously it is like either no one knows or they don’t want to say if they do know. I fully accept I’m having to do this medical that’s not the problem I’m just trying to understand what the blood sample is for. My reason for not giving blood to them on the day I was arrested was because as I said in other threads a previous time when I was arrested I consented to giving blood and they broke the needle in my arm twice so that’s why this time round I said no I don’t want them too because if the previous incident. So I’m not trying to talk my way out of any medical I will do the medical I’m just wanting to understand why they need blood because I was worrying if it is going to be for drug detection. But if you say it will be a urine sample to detect if there is drugs in my system then I have no problem with that. Thanks for your reply I really appreciate it. The reason I am back on threads asking questions is because I am still worried that’s all. Thanks again 👍🏻
 

price1367

TTC Group
They are likely to use the blood sample to test for drugs because they only show very recent use age. Cannabis shows up for much longer in a urine sample that a blood sample. You may find that they ask for a blood AND urine sample when you attend.
 

Lfc123

Member
They are likely to use the blood sample to test for drugs because they only show very recent use age. Cannabis shows up for much longer in a urine sample that a blood sample. You may find that they ask for a blood AND urine sample when you attend.
So basically the blood sample and urine sample will both be used for drug test then? Thanks for your help
 

price1367

TTC Group
I would expect the blood to be used for a CDT test to look for signs of alcohol abuse, and the urine to be used for drug screening. They may use just a blood sample to test for both, but as I said, they will only get a recent view on drugs, particularly cannabis, usage doing it that way.
 

Lfc123

Member
I would expect the blood to be used for a CDT test to look for signs of alcohol abuse, and the urine to be used for drug screening. They may use just a blood sample to test for both, but as I said, they will only get a recent view on drugs, particularly cannabis, usage doing it that way.
Yes ok thanks for that so if the blood sample does get used for both, how recent of cannabis use age is it possible to detect? Sorry to bombard you with questions
 
Convicted Driver Insurance

price1367

TTC Group
you can read this article below about timescales.
They quote 3-4 hours but the problem is that they do not say at what level the base detection rate is set at....
Certainly for the UK drug driving limit of 2ug/ml it is quite possible to fail 24 hours after smoking a decent joint.
I would imagine that DVLA operate a similar very low threshold or even lower as all they want to find is that cannabis has been used, not that there is any significant amount.
I would guess at 3 days tops for blood, but as the article says, 30 even 35 days for a heavy user with urine.

 

Lfc123

Member
you can read this article below about timescales.
They quote 3-4 hours but the problem is that they do not say at what level the base detection rate is set at....
Certainly for the UK drug driving limit of 2ug/ml it is quite possible to fail 24 hours after smoking a decent joint.
I would imagine that DVLA operate a similar very low threshold or even lower as all they want to find is that cannabis has been used, not that there is any significant amount.
I would guess at 3 days tops for blood, but as the article says, 30 even 35 days for a heavy user with urine.

Thank you for all the info you have shared with me I appreciate it. It’s helped me have a better insight on this and also took abit of weight off my shoulders 👍🏻 I have just read the article so maybe now I might of been worrying a little too much
 
He has a third court case on the 3rd of December for driving with 17 of cocaine in his blood. He had 12 week tagging for his second offence and a fine. What would the likely result be for third?
 
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