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Tested for drug driving I wasn't even in my van

#1
Hi I hope you can help me with this matter my van had broken down 09/0517 I had been trying to fix it and was not driving I had given up trying to fix it and started packing up my tools and stupidly I lit a cannabis cigarette I was about to phone my wife to come and pick myself up when a police officer seen I had broken down and stopped to help I panicked and put out the cannabis cigarette but he could smell it straight away I was in such a fluster panicked and said I hadn't smoked it since about 12hrs he asked for a roadside drug test which was obviously positive i was arrested and taken to the police station to give a blood sample but still at no point was I driving under the influence of drugs or had he seen me in the driving seat I hope you can help Many thanks
 
#2
If your blood specimen comes back showing a result in excess of the legal limit for cannabis (or delta-9-tetrahydrocannibinol, which is a metabolite of cannabis) then you could face one of 2 potential charges:

1. Driving with excess drugs; OR
2. Being in charge of a motor vehicle whilst having excess drugs in your blood.

The charges depend on what evidence the police have so far. If you have been interviewed and have admitted to driving to the location shortly before the police pulled up then they are entitled to take the result of the analysis as being the level of cannabis in your blood at the time of driving. It would be for you to then prove that the cannabis was consumed AFTER the incident of driving. Alternatively, the police could go down the route of charging you with being in charge of a vehicle whilst being over the prescribed limit. To defend that allegation you would have to convince the court that there was no possibility of you driving that vehicle.

There are other more technical defences available due to the fact that a specimen of blood has been taken. Should you wish to consider all of your options I would highly recommend you speak to a specialist motoring solicitor.
 
#3
If your blood specimen comes back showing a result in excess of the legal limit for cannabis (or delta-9-tetrahydrocannibinol, which is a metabolite of cannabis) then you could face one of 2 potential charges:

1. Driving with excess drugs; OR
2. Being in charge of a motor vehicle whilst having excess drugs in your blood.

The charges depend on what evidence the police have so far. If you have been interviewed and have admitted to driving to the location shortly before the police pulled up then they are entitled to take the result of the analysis as being the level of cannabis in your blood at the time of driving. It would be for you to then prove that the cannabis was consumed AFTER the incident of driving. Alternatively, the police could go down the route of charging you with being in charge of a vehicle whilst being over the prescribed limit. To defend that allegation you would have to convince the court that there was no possibility of you driving that vehicle.

There are other more technical defences available due to the fact that a specimen of blood has been taken. Should you wish to consider all of your options I would highly recommend you speak to a specialist motoring solicitor.
Hi no I wasn't interviewed at the police station and my van had been broken down for approximately 6hrs and had to arrange a recovery truck to collect the next day thanks
 
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