help needed on drug driving arrest (drug driving section of the forum closed)

Convicted Driver Insurance

annoyhelp

New Member
I recently found out some extremely bad news that put me over the edge to the point of attempting suicide via an overdose. The Overdose taken was 50 x 40mg Clenbuterol.

I then proceeded to go out on my motorbike for three hours before returning home, upon returning home I found that some police officers had kicked my door in and were waiting for me. I admitted to taking the overdose at this point and was arrested for drug driving. I was then taken to the hospital and then informed that I would have to go in for an interview (the police doctors also took a blood sample of myself). I was then discharged and have now returned home. Nobody could tell me what they test for at the blood-testing centre or if the Clenbuterol will even show up. Clenbuterol is a class C drug. I am now waiting for call asking me to go for an interview and then waiting for a call for the blodo tests results. Can anyone advice me to what is likely to happen please.
 
Firstly I know nothing about drugs and driving just wondered did you sign your statement describing your suicide attempt plus the admission of overdosed clen,

Do not be interviewed without a solicitor and always repeat no comment to any questions asked, the fact you admitted an attempt into suicide even if they drop the drug charge the dvla may well revoke your licence until they are satisfied a period of stability,

Best make an appointment with your own GP water things down a bit yes it was 5 clens did I say 50! Wasn't thinking straight etc also you over reacted in a short space of time and now having had time to digest the news feel better,

Who tipped the police it's unusual for them to get a warrant to break inthat quickly! Do you have a history!

Of course no need to act until the police play there hand it might blow over
 
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I have not signed anything. No history and I think a friend informed them that they worried about my welfair
 
I think you will be ok no statements taken or signed is a good start, it's doubtful they will test pacificly for clen but must follow procedures incase other substances were taken,
Do not visit GP unless you hear anything from police negative but this will probably blow over! all the best for next year I hope things turn around for you
 
The police would have a right to enter your home if there was a concern for your welfare.
clenbuterol is not on the normal panel of drugs that is tested for when driving, but if you told the Police that you had taken it, and you were in a right state then they could ask for that drug to be tested for in your blood sample.
If it was high, and the medical opinion was that it would impair your ability to drive, then you could be charged with “driving whilst unfit through drugs.”
Did the police see you arrive back on the bike?
As Craig121 said, you should ask for a solicitor to be present when (if) you are interviewed at the police station. It is free.
 
the police did not see me driving at all. I arrived at the back and that is concealed. locked my bike in the shed also concealed and then entered the house. I spoke to the police yesterday on the phone and it seems that nobody knows who arrested me at the moment. Not sure if relevant when arrested I was not read my rights
 
the issue about your rights is not relevant.
What may well be relevant is that the police did not see you riding the bike.... unless you admitted to them that you had been out riding the bike?
 
If the police never took a statement and there is evidence produced your impairment to drive afterwords !
You can bet your cotton socks they will try for an admission under interview!
Don't give them nothing insist on a solicitor if they contact you between interview just keep stating no comment.
I honestly can't see where they can go with this without having an initial statement!

If it's anything like blood alcohol samples expect to wait up to 6 months to be clear of charges
 
price1367 said:
the issue about your rights is not relevant.
What may well be relevant is that the police did not see you riding the bike.... unless you admitted to them that you had been out riding the bike?
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I did admit to driving when I walked into my house and found the police waiting.
 
Clenbuterol WILL show up in a blood sample, but only IF there is apecific request with the sample for it to be looked for. They could request this if you told them what you had taken?
 
Still waiting for them to contact me with regards to attending interview. Is their a time limit to how long they can leave it before asking me?
 
They have 6 months from the time of the offence to commence proceedings.
i would expect it to take 2-3 months for the sample to be analysed and I doubt they will interview you before they know the results.
 
price1367 said:
They have 6 months from the time of the offence to commence proceedings.
i would expect it to take 2-3 months for the sample to be analysed and I doubt they will interview you before they know the results.
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I was told that I would be interviewed within a couple of weeks. I have just got of the phone to the police and they have informed me that I was arrested for section 4 of the traffic act and the offer in charge will be on Monday and contact me to let me know what is going to happen.
 
Section 4 is driving, attempting to drive or in charge of a motor vehicle whilst unfit through drink or drugs.
the police will be looking for evidence that you drive the bike. Therefore it is important that you have a solicitor present when you are interviewed and follow the advice you are given.
if the Police ask you to attend the police station for interview then you should ask for the duty solicitor to be present. This is free, but there may be a delay whilst he / she attends.
 
annoyhelp said:
I recently found out some extremely bad news that put me over the edge to the point of attempting suicide via an overdose. The Overdose taken was 50 x 40mg Clenbuterol.

I then proceeded to go out on my motorbike for three hours before returning home, upon returning home I found that some police officers had kicked my door in and were waiting for me. I admitted to taking the overdose at this point and was arrested for drug driving. I was then taken to the hospital and then informed that I would have to go in for an interview (the police doctors also took a blood sample of myself). I was then discharged and have now returned home. Nobody could tell me what they test for at the blood-testing centre or if the Clenbuterol will even show up. Clenbuterol is a class C drug. I am now waiting for call asking me to go for an interview and then waiting for a call for the blodo tests results. Can anyone advice me to what is likely to happen please.
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I you look up the drug driving on the sentencing council web site, you will find drug driving is a strict liability offence, it may also tell you which drugs are considered as not all drugs are. you may also want to look up defences in criminal strict liability, because if you are taken to court for a strict liability offence the Mens Rea (guilty mind) or if you prefer knowledge or intent does not have to be proven by the prosecution only the Actus Reus (Guilty Act) needs to be shown
 
I have still not heard anything, I am aware that they have a certain amount of time before they take action 6months (so not long now tbh). Ofc I have been worrying about this since. Yet I have found out what the police report says and it literally has "Arrested for section 4" nothing else and find it hard to believe that they can really do much with that, if/when they get in touch I will be speaking to a solicitor.
 
annoyhelp said:
I recently found out some extremely bad news that put me over the edge to the point of attempting suicide via an overdose. The Overdose taken was 50 x 40mg Clenbuterol.

I then proceeded to go out on my motorbike for three hours before returning home, upon returning home I found that some police officers had kicked my door in and were waiting for me. I admitted to taking the overdose at this point and was arrested for drug driving. I was then taken to the hospital and then informed that I would have to go in for an interview (the police doctors also took a blood sample of myself). I was then discharged and have now returned home. Nobody could tell me what they test for at the blood-testing centre or if the Clenbuterol will even show up. Clenbuterol is a class C drug. I am now waiting for call asking me to go for an interview and then waiting for a call for the blodo tests results. Can anyone advice me to what is likely to happen please.
Click to expand...
annoyhelp said:
I have still not heard anything, I am aware that they have a certain amount of time before they take action 6months (so not long now tbh). Ofc I have been worrying about this since. Yet I have found out what the police report says and it literally has "Arrested for section 4" nothing else and find it hard to believe that they can really do much with that, if/when they get in touch I will be speaking to a solicitor.
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1st, were you charged at the police station with driving under the influence, 2nd, if you were not, they maybe seeking CPS approval to prosecute (which is unlikely), you may just receive a notice of summons to appear at your local magistrates court, (police procedures have change a bit) unfortunately due to a lot of court closures there is a back log with courts hearing cases, and at present due to Covid-19 they are only hearing bail hearings, I would advise contacting a solicitor and asking them to contact the police to find out what is going on, I would be very surprised if they did not prosecute - due to drug driving being a strict liability offence, and the act its self is enough for a prosecution, and you may not have helped yourself by admitting you took an overdose prior to driving, this is in its self is enough to prosecute you under a strict liability offence as you have admitted the ACT.
 
JayJay46 said:
1st, were you charged at the police station with driving under the influence, 2nd, if you were not, they maybe seeking CPS approval to prosecute (which is unlikely), you may just receive a notice of summons to appear at your local magistrates court, (police procedures have change a bit) unfortunately due to a lot of court closures there is a back log with courts hearing cases, and at present due to Covid-19 they are only hearing bail hearings, I would advise contacting a solicitor and asking them to contact the police to find out what is going on, I would be very surprised if they did not prosecute - due to drug driving being a strict liability offence, and the act its self is enough for a prosecution, and you may not have helped yourself by admitting you took an overdose prior to driving, this is in its self is enough to prosecute you under a strict liability offence as you have admitted the ACT.
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I was never taken to the station, only to the hospital, where i disclosed to the doctor what I had taken however police present they did hear and write on blood tests what had been taken. I was told that the officer dealing with the case would be in touch however that was a few months ago and I have heard nothing. I was never seen on the motorbike. The solicitor advised me to not contact the police as they have such limited information and that if the police do contact me to contact the solicitor asap. I was arrested but don't remember being charged with anything. Even with delays would they not have to abide buy the law and charge me or start court procedings before 6months is up?
 
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