Feeling gutted - think I could have got off!

[djneilsmith98]

just watched this video

This is very similar to what happened to me - it seems like if i'd just told the police they were trespassing I could have avoided all I have been through!
Gutted

 

[Hobgoblin]

Good luck trying that nowadays!

 

[mrturk]

This is a 40 year old case, so things are very different now. The police now have a power of entry under Section 17 of the Police and Criminal Evidence Act, when investigating a drug driving offence under Section 4 of the Road Traffic Act. If you had refused entry they most likely would have arrested you for Section 4 and charged you with Section 5A anyway, which would have been perfectly lawful.

 

[djneilsmith98]

This is a 40 year old case, so things are very different now. The police now have a power of entry under Section 17 of the Police and Criminal Evidence Act, when investigating a drug driving offence under Section 4 of the Road Traffic Act. If you had refused entry they most likely would have arrested you for Section 4 and charged you with Section 5A anyway, which would have been perfectly lawful.

that actually makes me feel better - living with the thought I could have escaped this nightmare would do my head in!

 

[djneilsmith98]

This is a 40 year old case, so things are very different now. The police now have a power of entry under Section 17 of the Police and Criminal Evidence Act, when investigating a drug driving offence under Section 4 of the Road Traffic Act. If you had refused entry they most likely would have arrested you for Section 4 and charged you with Section 5A anyway, which would have been perfectly lawful.

https://www.forum.drinkdriving.org/threads/would-this-work-these-days.138938/#post-178954

 

[mrturk]

https://www.forum.drinkdriving.org/threads/would-this-work-these-days.138938/#post-178954

Obviously it's your right to do reading about this, but honestly from looking at your posts I feel like you might be obsessing over your conviction in an unhealthy way, wondering how things could have gone differently. The fact is your case went the same way 99.99% of S5A drug drive cases do. They're not unwinnable but they're very close to it. There's definitely no magic bullet defence you missed, you probably just saved yourself thousands of pounds in legal fees. I would consider it a lesson learned and move on, and just avoid cannabis if you plan on driving when you get your licence back.

 

[djneilsmith98]

Obviously it's your right to do reading about this, but honestly from looking at your posts I feel like you might be obsessing over your conviction in an unhealthy way, wondering how things could have gone differently. The fact is your case went the same way 99.99% of S5A drug drive cases do. They're not unwinnable but they're very close to it. There's definitely no magic bullet defence you missed, you probably just saved yourself thousands of pounds in legal fees. I would consider it a lesson learned and move on, and just avoid cannabis if you plan on driving when you get your licence back.

thanks - I wouldn't say i'm obsessing but I would admit it's been a very hard ride and the length of my ban pissed me off especially given drink drivers get a 25% discount for the course thing. Haven't touched weed since the day I got caught and never plan to again. I just saw this video this morning and of course wondered "what if?"
On the plus side I kept my job (which i could easily have lost) and didn't make the papers so have things to be glad about. Just gotta get through the pain of the ban