First time conviction

[waitey]

Hello,
Around 4 days ago I was pulled over for not having my lights on driving back home at night with a couple of friends in the car from a night out, the police claimed to have smelled cannabis in my car (there was no cannabis) so they asked to drug test me but didn’t search the car. I was found to be over the limit (43mg), they breathalysed me due to not having my lights on and also, they detected cocaine in my system which I believe could have been from the night before, however I have already been given a court date for the end of this month for the drink driving charges. Can I be told what to expect at court, thank you.

 

[Martin Hammond]

Good morning

Can you please confirm what the level was of each drug and whether you have any previous convictions.

Thank you
Martin.

 

[waitey]

Good morning

Can you please confirm what the level was of each drug and whether you have any previous convictions.

Thank you
Martin.

Hello,
I don’t have any previous convictions, I just got my bloods taken for cocaine but I wasn’t told of the level. I was just confused because on the letter that states what am I being charged with at court, it says that I am being charged with drink driving, it doesn’t mention drugs... my alcohol level was 43mg and my court date is 2 and a half weeks after arrest

 

[Martin Hammond]

I'm sorry but I cannot predict what will happen without knowing the correct charge or reading.

It doesn't sound like you are high risk though. If you find out any other prior to Court I may be able to assist further.

Kind regards
Martin.

 

[waitey]

Well they said they was sending my bloods off for further analysis but isn’t this supposed to take several weeks? As I mentioned on the letter that states what I am being charged with at the magistrates court, it says that I am being charged for driving over the alcohol limit as I was at 43mg

 

[Martin Hammond]

If they are not pursuing the drugs charge, a reading of 43ugs would usually carry a 12 month disqualification (the bracket being 12 to 16 months) and a fine.

 

[waitey]

If they are not pursuing the drugs charge, a reading of 43ugs would usually carry a 12 month disqualification (the bracket being 12 to 16 months) and a fine.

Is it possible to get charged for drink driving then later on charged for drug driving (when the blood sample comes back) and what could the expected result be of that?

 

[Martin Hammond]

It is highly unlikely and it would largely depend upon the drug reading.

 

[waitey]

It is highly unlikely and it would largely depend upon the drug reading.

so you think they’re just saving the drug driving charges in case I was to plead not guilty or something? or they both carry the same charge so just charging me with one?

 

[Martin Hammond]

Your guess is as good as mine as to what there tactics may be. All I can say is that they would usually charge you with both if they had enough evidence.

 

[waitey]

Your guess is as good as mine as to what there tactics may be. All I can say is that they would usually charge you with both if they had enough evidence.

I know just wasn’t sure if they would usually charge for drink driving then again in a few months for the drug charge, just seemed weird they wouldn’t do both charges in one court date if they intended to charge with both