False positive

Convicted Driver Insurance


New member
My brother doesn't drink, does take prescription medication and uses CBD oil in a vape pen. He was driving to pick up his adult son from work at around 7pm, when he saw a number of police vehicles, including cars and vans, descend on a cul de sac off the road he was on and, because he's nosey, he stopped at the top and watched the excitement unfold. It was a raid. Not very exciting, so he continued on his way. A few minutes further down the road he sees a police car in his mirror flying up behind him with sirens and lights, he pulls over to let them pass and is surprised when it pulls in behind him. They told him they stopped him for speeding as they had to travel at 70 mph to catch him, and took a swab. He wasn't speeding and of course they had to speed to catch a car that was already a long way ahead before they started the pursuit. The swab showed positive for cannabis and trace of cocaine. They took him to the police station for a blood test, results not back yet, never showed him the swab results, didn't give through any forms with him and bailed him out at around midnight. Do you have any advice to help him with this situation please? He has researched the meds he takes and they do contain ingredients that can show up on blood tests, but never in his life touched cocaine. This was in Merseyside. Any advice greatly appreciated.
The swab at the roadside is by no means accurate and is used as an indicator to escalate to the evidential blood test at the police station. He should have been given his own vial of blood to have analysed independently and he can do so for peace of mind. If he has never used cocaine then this should not be detected in his blood specimen. At this stage, aside from getting his own specimen independently analysed, it is an unfortunate waiting game until the results are returned. If he produces a positive reading for any specified drug as a result of the components of his medication there may be a defence available. He will need to await the results before considering this further.

The police have up to 6 months from the date of the incident to brings charges although it is more likely to be much sooner than that.
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