New legislation concerning Drug-Driving offences prohibits driving and other driving-related activities if the person in charge of the vehicle is ‘unfit through drink or drugs’, the definition of unfit is that his or her ability to drive ‘properly’ is impaired. It is not a traffic offence simply to be under the influence of drugs, nor is there currently any drug-driving ‘legal limit’ such as with alcohol.
Driving Behaviour – Was the defendant arrested following an accident, moving traffic offence or erratic driving behaviour? Could unfitness at the time be implied by the driving behaviour? In such cases the evidence of lay or police witnesses as to the driver’s behaviour may be adduced.
For a prosecution to succeed, they need to provide the following evidence
1 – Witness evidence as to reasons for the stop (e.g. police/lay witnesses to erratic driving, accident etc and condition of driver when stopped, why drugs are suspected)
2 – Full details of defendant’s performance on impairment tests (copies of pro-forma e.g. form MG-DDG)
3 – Statement from FME as to findings of impairment and a condition which may be due to a drug
4 – Forensic evidence of presence of active drugs or active metabolites in the blood sample
Have you been stopped by the police, questioned, interviewed, on bail or charged with this offence? Call Kieran Dunphy on 01603 280262 or email firstname.lastname@example.org for initial free advice
Reproduced with kind Permission of Emmerson Associates