Questions relating to Drug Driving

Convicted Driver Insurance

Anonymous1723

New member
Hi,

I was pulled over by the Greater Manchester Police on 24/06/2021 at around 3am for speeding after being followed for half a mile on the motorway by a Police car. The Police Officer approached my vehicle and mentioned that he had stopped me due to the speed that I was travelling at. The Officer alleged that I was travelling at 92mph in a 70mph zone. I argued this point (the speed) with him for a while.

The Officer then mentioned that there was a strong smell of Cannabis coming from the car.

The Officer also mentioned that I had previously admitted to using Cannabis during a stop and search around 3 years ago (during ‘informal’ questioning and not related to any crime).

I admitted to the Officer at the roadside that I had Cannabis in my possession (I turned over around 0.3g of Cannabis to him) and had last consumed it a few days ago.

The Officer explained that I would have to undergo a roadside swab test and that refusing to do so would make me liable for prosecution for failing to provide a sample. I was then invited to sit in the back of his Police car.

Once inside the Officer’s vehicle I was shown a brand new swab test in its’ packet which he then used to test me. Whilst we waited for the results he showed me photos of my vehicle travelling at the speed he indicated earlier (92mph). The test result came back as positive for Cannabis (I.e. Failed).

I cannot remember being placed under arrest (he alluded to the fact that I would be if I failed the test, but I cannot remember him mentioning an exact statement to say that I had been placed under arrest).

The Officer called for a van to transport me to a Police station (Cheadle, Manchester). Whilst waiting for the van, another Officer arrived in a separate vehicle and searched my car (which turned up no results for them).

Once the van arrived I was searched outside of the arresting Officer’s vehicle and placed in handcuffs. I was then asked to sit in the back of the Police van and taken to the Police station by two other officers.

Once at the station, I was booked in and I turned over all of my possessions to the Officers. I was asked some medical questions by a Sergeant (?) and asked to produce a blood sample. I cannot remember if I was asked twice.

Whilst waiting for a nurse, I was strip searched by the two Officers that transported me to the Police station in their van. This was done in a cell, with the cell door still open.

A blood sample was taken from me at around 4:30am which was split into two vials. One half of the sample was offered to me along with some paperwork, which I accepted. I was then taken for fingerprints and a photo in another room.

I was then brought back to the Sergeant at the front desk who authorised my release under investigation at around 5am.

I then took a Taxi back to my car and drove home.

QUESTIONS:

1. Is there an exact statement that should have been mentioned to me when arrested?

2. I do not remember being made aware of the MGGD/B form, or that it was being filled out, is this normal?

3. Should I have been made aware that I could have requested a solicitor? (if it was even possible)

4. Is speeding considered an aggravating factor when sentencing for this scenario?

5. Do you think I have a procedural/any defence over any part of the above scenario?

6. Will I risk having a stricter sentence imposed one me if found guilty/or I plead guilty at trial, if I plead not guilty at first?

7. I do not currently have representation, is there a cut off time before which I should request that Police custody/body cam footage is retained?

8. How much should I expect to pay for representation for this case?

9. Do you recommend any particular law firms?


Please respond.

Thanks in advance.

IF THIS SUBMISSION IS TOO LONG TO READ PLEASE LET ME KNOW, I WILL RESUBMIT A SHORTER VERSION.
 
Last edited:

Martin Hammond

Solicitor
Good afternoon,

Please see responses below.

1. Is there an exact statement that should have been mentioned to me when arrested? He should have placed you under arrest and read your rights but this is not a strong defence and would be very difficult to prove.

2. I do not remember being made aware of the MGGD/B form, or that it was being filled out, is this normal? Yes, so long as he asked you all the relevant questions and gave you the necessary warnings.

3. Should I have been made aware that I could have requested a solicitor? (if it was even possible) The custody officer should have done this and would have kept a record if they asked, but again there are not usually any very strong defences here unless you were interviewed.

4. Is speeding considered an aggravating factor when sentencing for this scenario? Yes it could be

5. Do you think I have a procedural/any defence over any part of the above scenario? You may well have a defence but a lot more work would need to be done to ascertain that.

6. Will I risk having a stricter sentence imposed one me if found guilty/or I plead guilty at trial, if I plead not guilty at first? You are entitled to a third off your sentence but usually this only is upon the punishment not the disqualification.

7. I do not currently have representation, is there a cut off time before which I should request that Police custody/body cam footage is retained? You should ask straight away for it to be retained if you are considering a defence.

8. How much should I expect to pay for representation for this case? For a guilty plea you would be around £1000 and a trial would usually start at around £6000 for most decent firms.

9. Do you recommend any particular law firms? There are a lot of firms who claim to be experts in this field but are not. Find a firm firstly that does nothing but Road Traffic Law and from there price and experience of the lawyers are things to watch.

Kind regards
Martin Hammond.
 
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