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Drug Driving Solicitors

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Drug Driving SolicitorsDrug Driving Solicitors


If you've been caught for Drug Driving we can help

 

 

As a measure to combat the rising influx of Drug Driving cases the department of transport decided to form a panel of experts in order to tackle the issue at hand and in 2015 section 5A of the road traffic act was introduced .

Due to the severity and quantity of cases seen prior to 2015 harsher penalties were introduced as well as a no tolerance approach to the prescribed limit for illicit substances. Whilst the legal limit for alcohol is 80 milligrams of alcohol per 100 millilitres of blood the legal limit for a drug such as cannabis is 40 times smaller meaning even if you were not intoxicated at the time you could still be convicted of Drug Driving.

 Although the legislation around Drug Driving is stringent at Parnell and Peel we have been dealing with Drug Driving cases for over 20 years helping thousands of motorists keep their licence, personal life and occupation intact. We believe in a clearcut straightforward approach when it comes to representing our clients.

We don't  include malice hidden fees or vanish before we see you at the magistrates instead we provide you with exemplary legal representation and support you day and night with any professional or emotional tolls your case is taking on you .

 

The process

 

 

Release awaiting results


 

After the police officers have conducted the testing procedure you will be released from custody whilst the officers investigate your case and await your blood results. This period of time may last from a few weeks to a few months depending on the location of where your offence is committed . This can prove to be a useful lapse of time to gain an upper hand against the CPS by contacting a specialist solicitor early on in your case they can strategise and form a legal map of your case detailing all the possible routes your case could take. For many of our clients we have helped safeguard their licence before they even step foot in a court. If you are awaiting your blood sample results contact a member of our team now for a free legal consultation so you know where you stand in relation to your case

When released you will also receive a postal requisition detailing the court's  location date and time that you are due to make your appearance before and the option to plead guilty or not guilty to your offence .

 

Police Station

 

The courts


 

For the majority of our clients this is their first time appearing before a court and can be an anxiety inducing situation to say the least . Before the day of your hearing we will prepare you thoroughly explaining how the procedures function within the court and helping you calm your nerves prior to your hearing. At Parnell and Peel our solicitors do not cross our fingers and hope we win your case. We couple a formulaically planned  strategy based on hundreds of tried and tested defences with exemplary legal representation to ensure you the best possible outcome in your case . As well as this we believe it's critical to educate our clients on the legal jargon and legislation around their case providing our short e-books and information sheets so that you can also navigate the complex legal landscape of Drug Driving .

 

Driving whilst unfit through drugs




 

If you have been charged with driving whilst unfit through the use of drugs this is slightly different to a normal drug driving offence . Usually when a motorist has been charged with a driving whilst unfit through the use of Drugs offence where for whatever reason a sample hasn't been obtained and therefore a judgement has been made by the officer in terms of the motorists level of impairment . This will be done by an officer who has undergone specialist training and will usually involve the use of certain tests like the field impairment test and the finger to nose test in order for the officer to gauge whether the motorist is impaired

 

Penalties for Drug Driving

 

 

Even if you were not impaired at the time of driving the law keeps its harsh stand on the limit . If you are convicted or plead guilty to Drug Driving you could face

  • A minimum 12 months disqualification

  • An unlimited fine 

  • A custodial sentence of up to 6 months 

  • A criminal record

As well as the following penalties after being convicted of Drug Driving you will also have to declare this to any employers or insurers and the conviction will be shown on your DVLA licence as well as any DBS/Background checks carried out for employment purposes. To see more information on the penalties you may face please visit an article on the Drug Driving sentencing guidelines Here .

 

 How we help you keep your Driving licence

 

 

After over 20 years of representing Drug Driving clients we have created tried and tested formidable defences for our clients backed up by our extensive track record and success rates. If you have been accused of  Drug Driving contact us now at 0330 341 1690

 

Our Defences

 

 

No Statutory Warning

 

When you have been arrested by the police and taken back to the police station you must be provided with a statutory warning as detailed by section 5A of the Road Traffic Act 1988.

What is a statutory warning ?

A statutory warning is when the officer carrying out the procedure is required to tell you that failure to provide a sample for analysis will result in an offence failing to provide a specimen. Now although a small error to make on behalf of the officer it is a common one due to the time sensitive nature of Drink Driving Offences many small details are overlooked in the procedure in order to charge an individual before the alcohol leaves their system. If a statutory warning has not been provided by the officer then put simply the charges against you are dropped and you are free to carry on driving . If you have not received a statutory warning contact us now in order to avoid a driving ban .


Post Consumption Defence 

 

If you have been charged with Drug Driving that does not necessarily mean that at the time of Driving you were above the prescribed limit , but rather means you were above the prescribed limit at the time of the blood sample being collected . In many instances we see panicking motorists consume drugs just before being stopped by the police in order to avoid being charged with possession . If a motorist consumed a controlled substance before being stopped by the police this would mean that technically at the time of driving they were not above the limit or impaired

As you can see from above the scenario provided does seem unlikely . You may be wondering how we would put forward such a defence to the magistrates . At Parnell and Peel we work closely with senior toxicologists in order to obtain specialist reports calculating the concentration of the substance in the motorists blood at the time of driving . As well as this we obtain any post-consumption testimonies proving that the motorist was not impaired at the time of driving . Through this we prove through unbiased scientific evidence that the motorist was not impaired at the time of driving .

Post consumption

False positives in testing

 

Due to there being no 100% accurate way of analytical drug screening for false positives, false positives can occur and can occur more frequently than one would think.

Commonly we find that false positives occur in cases where the motorist has been charged with driving under the influence of cannabis as Studies conducted have shown that many hemp-based completely legal products and the use of certain painkillers such as ibuprofen and Advil stimulate the release of endogenous substances that prevent cannabinoids from binding to an antibody and interfere with the analytical tests, providing a false positive.

 

Rejecting the SFR1

 

The SFR1 stands for streamlined forensic report 1 and is a document which allows investigators and scientists to comply with the rules of criminal procedure. In  layman terms it is the document detailing the analysis of the motorists sample.

Blood Sample

 

Why is the SFR1 important ?

Many clients that come to us will take SFR 1 as gospel, but it is far from it. In many cases, the SFR 1 is invalid and completed incorrectly, which allows us to create an absolute defence due to the methodology being extremely stringent when carrying out the SFR 1. Once we reject the report, we will then obtain a secondary forensic report, SFR 2, which is a full and extensive evaluative report.

The above are just a few examples of the defences we use at Parnell and Peel to read more about our Drug Driving defences click here .

 

Why us ?

 

  • Specialist Drug Driving Solicitors

If you search for private crime firms on google you'll find hundreds of thousands of results with firms offering motoring law , but rarely do you find firms specialising only in motoring law for over 20 years with an extensive track record of motorists defended . The difference between having a general solicitor and a specialist is enormous . You wouldn't let a nurse carry out an artery bypass when risking your life , the same goes when risking your occupation and personal relationships from the consequences of a Drug Driving conviction.

  • Our track record 

We have been dealing with Drug Driving cases and our track record and success rates speak for themselves. Take a look HERE .

  • No hidden fees

We offer a fixed fee with no hidden costs as well as interest free instalment plans for our services .

  • Available at all times

Now when we mean all times we really mean all times as well as our office number our solicitors will also provide you with their personal telephone numbers to support you at all hours of the day .