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Drug driving

Jemjem888

New member
My partner was pulled over for his passenger acting suspicious as police were carrying out road side checks. He was at work at the time training a new driver on deliveries this being the 1st time having met the passenger. The police could smell cannabis in the van. It actually hadnt been smoked in the van but the passenger had in his possesion.
Due to smell my parnter was asked to take the impairment test on the road side to which he passed he was swabbed to which he passed. Due to my partner 10 years ago having a criminal history nothing to do with drugs the police were not satisfied due to smell in the vehicle and said they would like to carry out a strip search to which my partner complied and was taken across to the police station. All whilst this is happening the passenger was not searched he was asked his name and let go to he drive the vehicle away. Baring in mind if they had searched him they would of found drugs. My partner is a social smoker he vary rarely smokes cannabis he had not smoked anything but 1 spliff more than 12 hrs prior.
At the police station he was not stripped searched and at the custody desk he was patted down again shoes etc. The officer than asked his sergeant wether he was able to carry out a blood sample which was granted. He was not interviewed and not put in to a cell. The blood test was taken. We now have the results 9.6 in his system. Bare in mine he passed the road side test and that his passenger who was not even searched. We feel that steps wasnt taken correctly and under false pretence i.e going back to station for a search to than carrying a blood sample. What can he do he as he is at court early april any advice please?

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The offence that your partner has been charged with is one of driving with excess drugs. The only requirements for charging are to establish that he was driving in a public place whilst over the prescribed limit. The roadside specimen is not an evidential specimen and is only used as an indicator to help decide whether to proceed to the police station for an evidential procedure involving a specimen of blood. The roadside swab is not definitive. For an allegation of driving with excess drugs, impairment is not a consideration.

In relation to the substance being used around 12 hours prior to your partner driving, some substances can take a period of time to break down in the system, and therefore, a blood test could indicate that the substance is still in the system, even a few days after the substance has been used.

The legal limit for cannabis is 2mg per litre of blood, and the penalty for this type of offence is a minimum driving disqualification of 12 months. The Court can also impose a fine or a community order.

It is unlikely that the sequence of events leading to the arrest will be of any consequence. The evidential specimen taken at the police station and the procedure leading to the obtaining of that specimen is more relevant.

Should you wish to discuss this in more detail, and potential legal representation at the hearing in early April, please contact one of our team on 0333 009 3335.
 
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