Recently tested positive roadside drug driving swab test

Convicted Driver Insurance

Haighy

Member
On the 13/4/21 I was stopped and ended up having to do a roadside swab test for drug driving which came back showing a positive for cannabis and cocaine which I was surprised about. I'm 50 years old with a totally clean full driving licence and bike licence, never been banned and consider myself to be a competent and aware driver and I haven't had any dealings with the police for about 15 years or so. I drive a mobility car through my pip benefit and I'm prescribed alot of different medications for various physical and mental health issues and I've found that some of them could be responsible for something called a false positive result. I wasn't impaired in any way and even the duty sergeant said he could see that I wasn't impaired and he even released me earlier than the 4 hours minimum from time of arrest and arranged for a lift back to my car where this happened. I've since found out that there's a marker on my car because I got stopped again yesterday and had to go through the whole process again but this time I tested negative for anything. This must show a level of inconsistency with these preliminary tests which gives me grounds for concern about how the blood tests will come back. Anyone have any advice for me please coz I'm on benefits and I don't know how I'm going to be able to afford a solicitor
 

Martin Hammond

Solicitor
Good evening.

All you can do is wait until the blood results are back. The roadside test is just an indication to the police as to whether to take you in or not. They can have a negative result and still take you in if they feel you are under the influence. The blood will let you know a realistic reading of what was in your system. If you have your own blood sample you should send it off.

Kind regards
Martin.
 

Haighy

Member
Thanks for your reply. Are you issued with a NIP form in cases like this coz I haven't received one yet. Also I'm contesting the results as a false positive due to the medications I'm taking
 

Haighy

Member
Good evening.

All you can do is wait until the blood results are back. The roadside test is just an indication to the police as to whether to take you in or not. They can have a negative result and still take you in if they feel you are under the influence. The blood will let you know a realistic reading of what was in your system. If you have your own blood sample you should send it off.

Kind regards
Martin.
Thanks for your reply I'm contesting the results as a false positive due to the medications I'm taking. Also do you get issued with a NIP form for a case like this as I haven't received one
 

Haighy

Member
No NIP is required.

Are you saying that you are contesting the roadside swab as this won't help you? It is the test in the station which they are relying upon.
I'm told that it will take months for the blood test result to come back and this only happened 2 weeks ago so I'm just trying to find out as much as I can to benefit myself in this matter
 

Haighy

Member
Good evening.

All you can do is wait until the blood results are back. The roadside test is just an indication to the police as to whether to take you in or not. They can have a negative result and still take you in if they feel you are under the influence. The blood will let you know a realistic reading of what was in your system. If you have your own blood sample you should send it off.

Kind regards
Martin.
Hello Martin, I've waited a couple of months, basically to try to stop myself from feeling the symptoms of my various health issues everytime I address the situation. Just the thought of having to deal with all the different angles etc gives me terrible anxiety and heart palpitations that are serious enough for concern. I need to start gathering information and as much advice and guidance as I can concerning my case as I am 100% confident that the initial results are due to the many medications I'm taking, which have resulted in false positive readings on the roadside swab test, leading to being taken to the police station for further blood tests etc. My first concern arose exactly 2 weeks later, to the day, when I learned that there was a marker put on my car after I was stopped again and went through the whole process again after explaining to the officer about the medications I'm taking. This time I was informed that the test machine I was using was more accurate and precise and maybe this could help in finding out more about what's in my prescribed medications that's causing the problem of the false positive results. I was totally expecting to lose half my day again at the police station after providing false positive results again. This time, considering i was using a more accurate machine, the results came back as negative for anything and everything, which was pleasing but confusing. I decided to stop taking my medications due to the marker on my car as I thought that I'd get stopped everytime a police car went past me and test positive each time due to my medications. My medications are for quite serious health issues with my heart, blood pressure, thyroid condition, respiratory problems and mental health problems such as depression and anxiety disorders aswell as muscular skeletal disorders and because of this I take alot of different medications and drive a mobility car through the benefits I'm on. I will lose all of my independence to be able to get to appointments aswell as being able to do the normal everyday things like shopping and seeing my daughters aswell as keeping in touch with my mum who has had a brain hemorrhage and just being able to call in and see her face to face is good for both of us and the use of the mobility car has made such a huge difference to myself and to my mum that it enables me to get her out of the house rather than her not knowing when she might get a visit and stimulation from me and just taking her out for a drive or to the shops benefits the both of us. I'm 50 years old and have a totally clean full driving licence and never been banned aswell as having a full motorcycle licence aswell and I consider myself to be an adept, alert, confident and safe driver and understand the different ways that various vehicles react in different conditions and circumstances and I would never and have never driven any vehicle if I thought I was impaired to do so in any way and I fully understand the consequences for doing so and it's something that I would never condone understanding how quickly it can all go wrong and how many people can be effected than just the ones at the scene. I don't drink alcohol or abuse substances. There was a time in my life when a buildup of family deaths, separation, losing my daughter, losing my job and house etc that led to a period of substance abuse and mental health instability and a few failed suicide attempts and times in hospital but regaining contact with my daughter after 15 years gave me a change of direction and a desire to do something about my failing health and to use my relationship with my daughter to turn things around and stay healthy for her more than anything to have a relationship with her dad and make up for the time I've lost and to be the best father I can, knowing that nobody is perfect but I've managed to turn things round and drag myself out of the dark days of addiction and substance abuse and having no self worth as a failure as a father and up until a couple of months ago when this drug driving issues occurred, I haven't had any dealings with the police whatsoever for any reason or offence or anything. I apologise for the long message but I thought it would help if I gave you a bit of background information about myself and showing that I'm not someone driving round off my head on drink and drugs and I'm a responsible law abiding normal person. In reading up and gathering information about this mess, I've been drawn to the fact that I don't remember anything about the MGDDB procedure and the 2×25 page booklets being completed or the 30 questions that accompany them with regards to my consent to give blood sample. I'm confident that if I had gone through this then I would have thought again about giving blood and getting a solicitor right away if I'd known about the false positive results due to my medications and I know that this was not the case. Does this matter give me any advantage or chance that it cannot go to court if the protocol has not been carried out properly. Many thanks, Andrew Haigh
 

Martin Hammond

Solicitor
Good afternoon,

As much as I sympathise with your case I can only give basic advice on a forum such as this. If you are going to defend this mater you need to start calling around road traffic specialist solicitors and looking to instruct someone who can answer these questions as part of a client/lawyer relationship. If you are planning to defend it yourself it still may help to do this as you will hopefully get a few differing opinions with your case.

I wish you the best of luck with your matter.

Kind regards
Martin.
 
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