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Failed Medical Test for Drug use and now banned

Nosey

New member
#1
Hi

My husband has just been banned from driving for 12 months after failing a medical test for drug detection. He works for a motor company and must be in possession of a valid licence to work there. Therefore a big possibility of him losing his job. We also have 2 children one being a newborn. I dont drive and am trying to do something about it now. But is there anyway that we can get it overturned asap.

Thanks in advance for advice
 
#2
The question as to whether the disqualification can be overturned depends on the circumstances of the case.

Firstly, was your husband convicted of driving whilst unfit through drugs or being in charge of a vehicle whilst unfit through drugs? If it was the former, the minimum sentence which can be imposed is a disqualification of 12 months. If it was the latter, the starting point in sentencing is an endorsement of 10 penalty points. Therefore an appeal against sentence may be viable.

Secondly, did your husband plead guilty or was he convicted after trial? If he was convicted after trial then an appeal against conviction may be viable.

In the event that an appeal was viable an urgent application could be made for your husband's disqualification to be suspended pending appeal.

If however your husband was charged with driving whilst unfit through drugs and he pleaded guilty to that offence then it will not be possible to overturn the disqualification.

If you would like to discuss your case in detail with one of our lawyers, please feel free to call 0845 002 0736.


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
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