Tag Archives: legal advice

News

Mobile phone data and prosecutions

We are all aware that we live in a surveillance society. CCTV cameras can record our movements around large towns and cities, and many homes now have them installed for protection.

Automatic Number Plate Recognition cameras take a snapshot of car number plates and can not only monitor average speed for road traffic enforcement purposes, but also track the movement of a vehicle over hundreds of miles in most instances.

mobile phone dataFinally, most people are aware that the location where a mobile telephone call was made can be pinpointed to within a few hundred metres.

But who knew that an App, installed on all Apple phones, and similar Apps on Android devices, could hold the key to a murder case?  One defendant in Germany, Hussein Khavari, found this out to his cost when he faced trial for the rape and murder of a 19-year-old student.

While investigators were able to piece together part of the defendant’s movements, his location at critical times was unknown.  It was at this point investigators turned their attention to his phone which had been seized as evidence upon arrest.

Police examination of mobile phone data

The defendant had refused to provide the police with the PIN to unlock the phone.  Despite this, specialists were able to hack into the phone and examine the mobile phone data.

mobile phone dataThe data from the Health App was examined.  It could be seen that at certain moments the data demonstrated a significant increase in physical activity.  This mobile phone data correlated with important parts of the prosecution case within the timeline, namely dragging a body down a river embankment and then climbing back up.

This evidence was used to dispute the defendant’s account of the killing which he stated was by accident, had happened at a different location, and was not premeditated.

The use of such seemingly private mobile phone data is proving controversial.  This is particularly true where there is a friction between the right to privacy and the legitimate investigation of crimes.

Difficulties for investigators

Strong encryption technology is also reported to be making life very difficult for investigators.  Home Secretaries has spoken many times of the need for new legislation.

This story also reminds us that encryption may only as good as the password behind it.  A 4-digit code to protect a phone or other device can be cracked within minutes by a data specialist.  A ten-digit random code would probably only be cracked after many years of trying, if at all.

In the UK police can, in some circumstances, request that a suspect hand over their PIN and passwords.  Failure to do so can lead to prosecution for a criminal offence under section 53 Regulation of Investigatory Powers Act 200.  This offence carries a prison sentence of up to 5 years.

mobile phone data

Contact a criminal law specialist

The issue of privacy and its place in criminal justice is a new and evolving topic, as is the requirement to hand over PINs and passwords.

Before choosing to reveal your data secrets or making a decison to refuse it will be critical that you seek specialist independent advice as soon as possible,

You are likely to be asked to make this decision in police interview.  Our advice will be free of charge to you in those circumstances so make sure you take advantage of it.

You can find your nearest office here.

mobile phone data

Alternatively you can use the contact form below.

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News

Successful week at Chesterfield Magistrates’ Court for Denney Lau

Clients of Chesterfield crime solicitor Denney Lau have had a successful week before Chesterfield Magistrates’ Court.

Successful exceptional hardship argument

Denney’s client was guilty of failing to notify the details of a driver when required to do so by the police.  Unfortunately he already had ten penalty points on his driving licence.  As a result, the minimum of six penalty points that would be imposed for the new offence would make him liable for a disqualification for a minimum of six months under the totting up procedure.

To avoid this, Denney successfully argued before the Chesterfield Magistrates’ Court that his client would suffer exceptional hardship if he was to be disqualified.  Although any disqualification is likely to lead to hardship, in this case our client would not only lose his employment as a driver but also his home.  He would be unable to continue with the additional responsibilities that he had for his grandchildren.

Our client was relived that he was able to keep his driving licence although it now had sixteen penalty points upon it.

Not guilty of driving whilst disqualified

Two days later, Denney represented another client who was standing trial at Chesterfield Magistrates’ Court in relation to an allegation of driving whilst disqualified.

A police officer had intelligence suggesting that our client had been using a particular vehicle whilst disqualified and therefore without insurance.  The police saw the vehicle.  There was a pursuit and when the vehicle came to a halt three people ran away from the vehicle.

The officer claimed that he was sure that the driver of the vehicle was Denney’s client.  This was disputed at trial.

Challenging police evidence can often be difficult.  It is the case that Magistrates are often more persuaded by the evidence of an officer than by that of a defendant.  Denney conducted his own research into the credibility of the officer in question.  He found that the officer had appeared before the police disciplinary panel for misconduct recently.  That misconduct was that he had deliberately made a wrong entry onto the Police National Computer.  As a result the officer had received a warning about his conduct.

In order to have this information before the court, Denney had to make a successful bad character application.  Aside from cross-examining the officer about the disciplinary finding, Denney also asked him detailed questions about the difficult circumstances of the identification.

After considering the evidence in the case the magistrates found our client not guilty of the offences.

Denied shop theft allegation

Four days after that a different client stood trial at Chesterfield Magistrates’ Court in relation to an allegation of shop theft.  In this case a store manager claimed that he had witnessed a theft, identified our client from CCTV and then given chase before our client left the scene in a vehicle.

Our client had, unfortunately, chosen not to take advantage of our free and independent advice in police interview.  He had, however, stated that he did not recall being involved in such an incident.

In preparation for what could be a difficult trial Denney closely examined the CCTV footage.  He discovered that the offender’s face could not be seen.  As a result, this cast doubt on the identification made by the store manager.

In his closing speech, Denney argued that the Magistrates needed to examine closely the circumstances in which the identification was made.   Mistakes can be made in recognition of close relatives and friends can sometimes made be made.

Again, having heard Denney’s argument and considered the evidence the court found his client not guilty.

Seek our representation before Chesterfield Magistrates’ Court

chesterfield magistrates' court
Chesterfield crime solicitor Denney Lau

You can ensure that you are represented by Chesterfield crime solicitor Denney Lau by phoning 01246 387999 and making an appointment to see him.  Contact him in advance of any police interview or court appearance and if he is available then he will be with you, or make arrangements for one of his experienced colleagues to attend instead.

Alternatively you can use the contact form below.

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News

Penalties for breaches of environmental law

Although some breaches of environmental law amount to criminal offences, not all do.

There are a wide range of potential penalties that are quite different to those usually faced for standard criminal offences. Even where a criminal offence has been committed, court action and all that it entails can very often be avoided.

It is therefore vital that you take legal advice at the outset of any Environment Agency investigation, as we are best placed to ensure you exit with the least possible penalty in the event that you have committed any wrong.

Prosecution is said to be a last resort, and any enforcement action has to be proportionate and appropriate. This article is intended as a guide to the penalties that are available.

breaches of environmental law

Criminal and offence specific responses to breaches of environmental law

A Warning – this will set out the offence believed to have been committed, the corrective action expected to be taken within a set time and what will happen if action is not taken.

A Formal caution – can be imposed where a prosecution could be commenced, the offender admits the offence and consents to be cautioned.

Prosecution fixed penalty –  can be imposed for certain offences.  If it is not paid a prosecution can follow.

Prosecution – the Agency must be sure there is a realistic prospect of conviction, and it is in the public interest to prosecute.

Civil sanctions

When the Agency decides to impose a civil sanction (except a stop notice) they will:

  • serve a notice of intent
  • provide an opportunity to make written representations within 28 days
  • consider any representations
  • make a final decision and notify you with concise reasons for the decision.

 A Compliance notice – this requires the offender to come back into compliance and can also apply where advice has been given but not followed.

A Restoration notice –  a formal notice requiring the offender to put right any damage caused by an offence. Steps to take will be set out in the notice to rectify the situation within a set time.

A Fixed monetary penalty – can be issued where advice has been given and not followed or for minor offences.

Variable monetary penalty – issued for more serious offences where it is not in the public interest to prosecute. This penalty may also be issued in conjunction with a compliance or restoration notice.

Stop notice – requiring an activity to be stopped immediately, it will set out action to be taken and will remain in force until the action is taken.

Enforcement undertaking – a voluntary offer by the offender to put right the effects of the offending behaviour. If accepted the offer becomes a binding agreement. If the offender complies then a prosecution cannot be taken.

How we can help with breaches of environmental law

breaches of environmental law
Nottingham crime and regulatory solicitor Martin Hadley

Not all penalties are available for all breaches or offences, and representations can be made to the Environment Agency about the most suitable penalty. We can assist you with those representations.

Please contact crime and regulatory solicitor Martin Hadley on 0115 9599550  at our Nottingham officer or use the contact form below.

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News

Defending an allegation of stalking

stalkingNew offences of stalking (in addition to the existing offences of harassment) were introduced by Parliament relatively recently in 2012. The offences are harassment which involves a course of conduct that amounts to stalking.

There are two offences.  These are stalking involving fear of violence and stalking involving serious alarm or distress.

What is stalking?

There is no strict definition, but the legislation lists a number of behaviours associated with stalking:

  • following a person
  • contacting or attempting to contact a person by any means
  • publishing material relating to a person or purporting to come from them
  • monitoring a person’s use of the internet, email or communications
  • loitering
  • interfering with any property in the possession of a person
  • watching or spying on a person

The list is not exhaustive.  Nor is behaving in one of these ways automatically stalking.  Context is everything in such offences.

 What must the prosecution prove in a stalking case?

  • That there is a course of conduct
  • which constitutes harassment, and
  • the course of conduct amounts to stalking.

Additionally, for the offence involving fear of violence it must be proven that:

  • the conduct causes another to fear that violence will be used against him; and
  • which the defendant knows or ought to know will cause another to fear that violence will be used against him.

stalkingThe test as to whether a suspect “ought to know” these things about their conduct is whether a reasonable person in possession of the same information would think that the course of conduct would cause the other to fear violence.

It is an offence if conduct amounts to stalking and causes another to fear, on at least two occasions, that violence will be used.  Alternatively, it will be an offence if the conduct causes serious alarm or distress and this has a substantial effect on a person’s day to day activities.

This could mean that they have to, for example:

  • change a route they normally use
  • move home
  • change the way they socialise.

It could also mean a change to a person’s physical or mental health.

Are there any defences to stalking?

It is a defence to show –

  • the course of conduct was pursued for the purpose of preventing or detecting crime
  • the course of conduct was pursued under a rule of law
  • that any conduct was reasonable

stalkingAdditionally, for the offence alleging a fear of violence offence, it will be a defence if the course of conduct was reasonable for the protection of the defendant or another, or for the protection of their or another’s property.

What sentence could I get for stalking?

stalkingFor the basic offence of stalking the maximum sentence is six months’ imprisonment.

For the offence causing fear of violence or serious alarm or distress the maximum sentence is 10 years imprisonment for an offence on or after 2 April 2017.  The maximum sentence is 5 years for offences committed prior to that date.

A restraining order to protect the victim from further contact can also be imposed.  This could be the case even where a defendant is found not guilty of the offence.

Seek early advice from an expert in criminal law

These are serious allegations.  The law is complex.  As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.

As experienced defence solicitors we know that there is always another side to the story, let us tell that for you.

The advantages of early advice legal advice can be found here.

 

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

stalking

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News

The Law Society Campaign to restore Legal Aid for Early Legal Advice

In 2015/16, Ipsos MORI conducted a study on individuals’ legal needs on behalf of the Law Society and the Legal Services
Board (LSB). The main component of the study was an online survey to examine individuals’ experiences of 29 legal issues and the effect of receiving early legal advice.

Large scale survey about the effect of early legal advice

The survey provided quantitative findings from 8,192 participants, which examined the responses from 16,694 issues
experienced.

This included issues relating to

  • divorce/dissolution of civil partnerships
  • debt/money issues
  • injury at work
  • road traffic accidents
  • personal injury
  • legal issues with mental health issues
  • repossession or eviction
  • neighbour disputes
  • relationship breakdown issues
  • welfare benefits; discrimination
  • being arrested
  • legal issues related to children
  • immigration
  • domestic violence
  • homelessness
  • unfair treatment by the police

These are all issues which may be handled using legal processes but are not necessarily seen as being ‘legal’ in nature by those experiencing them.

 

The results of the analysis

This report outlines results from analysis comparing the effects on the timing of the resolution of individuals’ legal issues of receiving early professional legal advice compared to not receiving it.

The analysis showed that early advice has a statistically significant effect on the timing of the resolution of people’s legal issues.

Specifically, the analysis showed that for these issues:

  • On average, a quarter (25%) of people who received early professional legal advice had resolved their problem within 3-4 months of the problem first occurring, whereas for people who did not receive early legal advice it was not until 9 months after the issue had first occurred that 25% had resolved their issue.
  • Correspondingly, and controlling for other factors that can affect problem resolution, people who did not receive early advice were 20% less likely than average to have resolved their issue at a
    particular point in time.
  • The main other factors affecting problem resolution were the severity of the issues, and people’s previous knowledge of their legal rights. More severe problems, as would be expected, take longer on average to resolve, and people with little previous knowledge of their legal rights were 33% less likely than average to have resolved their issue at a particular point.
  • Early professional legal advice was defined as ‘within 3 months of the issue first occurring’ as analysis showed that this is a reasonable definition on average across the 17 issues considered.
  • Professional legal advice covered advice from a solicitor, or other professional advisers such as Citizen Advice Bureaux or
    trade unions.

As a result, the report stressed the importance of restoring the ability for individuals to seek early legal advice by receiving legal aid.  Advice and assistance in police interview remains free of charge to all.  Find out more about that here.

The Law Society is campaigning for the restoration of access to early legal advice under the legal aid scheme here.

The link to allow you to easily email your MP can be found here.

early legal advice

News

The Hidden Costs of Recreational Drugs

Despite all of the warnings, and many reasons not to, some people end up enticed into the world of so-called ‘recreational drugs’.

There are a great many substances that might properly be categorised as ‘recreational drugs’.  Popular substances include cannabis and cocaine. First use often occurs at a party.  Normal inhibitions may have been diminished by alcohol or the sheer fun of the occasion. Despite the apparent short-term joys that might flow from the use of a drug, the harsh reality will be felt for some for a long time after that.

This is the darker side of drug use, as seen through the eyes of the criminal justice system.  It is told through a series of case studies.

Sara’s drug driving conviction

‘Sara saw no harm in smoking a few joints of cannabis. If anything, she felt better than she had for a long time. She was never stupid enough to drink drive, but did not realise just how long cannabis would remain in her system.

But for the faulty brake light the police officer would not have pulled her over the next morning, would not have asked for a roadside drugs test, would not have arrested her and kept her in a cell for 5 hours and would not have charged her with drug driving and had her produced before a court.

But for her ignorance of the effect of drugs, she would not have been disqualified from driving for 18 months and would not have lost her job.’

Daniel’s caution for possession of ecstasy

‘If Daniel hadn’t been spotted by club security, nobody would have been any the wiser, but he was. The ejection from the club was not something that particularly bothered him, and receiving a police caution seemed like a slap on the wrist, of little consequence.

In the morning Daniel returned to his job, and normality resumed, until late Summer when taking the family to the United States for a well-earned summer holiday.

Little did he know that one simple caution for a drugs offence could have led to him being refused entry to the US and placed on the next flight home. Daniel hadn’t mentioned the nightclub incident to his family. Until now.’

Rachel’s caution for possession of cocaine

‘8 A* at GCSE, 3 A* at A Level, a first-class degree in medicine. Life was good for Rachel until she accepted a caution for possessing a tiny amount of cocaine. Rachel will never forget the arrest and police caution, not just because of how frightening and embarrassing the experience was, but because on each medical job application she completes, throughout her entire career, she will have to disclose it.’

 

How We Can Assist if you are arrested for recreational drugs

Regrettably, for us, stories like those of Sara, Daniel and Rachel are familiar.

If you are arrested for any offence please seek legal advice before being interviewed by the police. Minor drug offences are often dealt with by way of police caution, and it is tempting to try and get the process over with as quickly as possible.

In reality, however, despite what you may be told or think, asking for a solicitor not only costs nothing (as you qualify for legal aid) but does not delay your release from custody.

In many instances, it speeds up your release.  It also means that we can advise on the best long-term options for you.

We all make mistakes, but often the biggest mistake is not taking legal advice.

Contact your nearest office for emergency legal advice

Our advice and representation in police interview if you are spoken to about recreational drugs will be free of charge.  All of our office numbers are answered 24 hours a day 7 days a week.  The advice will be free whether you are interviewed while under arrest or as a volunteer.  You can find more about the benefit of legal advice generally here. 

recreational drugs
Our offices across the East Midlands

You can find your nearest office here or use the contact form below.

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News

The investigation of a terrorism offence – smoke without fire?

There have been recent reports on the figures that have been released from the Home Office relating to those arrested for a terrorism offence.  The statistics revealed the following information:

‘The number of people arrested over terrorism-related offences in Britain has risen by 54% to 400 in one of the most intense periods for attacks in recent history. The Home Office said the increase in the year to September was due partly to the 64 arrests made after the attacks in London and Manchester, bringing the total to the highest number since records began in 2001.’

How do the high profile arrests end?

The initial arrests for a terrorism offence are often high profile.  They attract national media.  But what happens to those suspects when the TV camera crews have departed and the criminal justice system takes over?

The figures are highly revealing.   Out of the 379 people arrested for a terrorism offence in the 12 months prior to June 2017 the following outcomes were recorded:

  • 32 % (or 123 people) were charged with an offence
  • 49.9% (or 189 suspects) were released without charge
  • 11 faced alternative action such as cautions
  • 54 had been released on bail with enquiries not finalised
  • 2 were pending decision a decision on prosecution

Of the 123 charged who had been charged, 18 were charged with offences other than terrorism offences. In relation to some of these defendants, the proceedings were later dropped or resulted in not guilty verdicts.

What does this tell us about terrorism offences?

Mostly it reminds us that, just as with any other offence, an arrest does not automatically equate to guilt. In the last year alone half of those arrested were released with no further action.

Although terrorism offences are a part of our general criminal law, you will still need to instruct a specialist with experience in this area of law to ensure that your case is properly advanced.

Criminal lawyers practising in this field require the highest levels of skill and knowledge to navigate not only complex legal principles, but also the political and other aspects of these incredibly sensitive cases.

Our lawyers at VHS Fletchers have experience in representing those facing such allegations in the police station and before the courts.

How we can assist on arrest or at court for a terrorism offence

You only get one opportunity to have specialist representation at a police station or court.  If you are facing terrorism-related accusations then contact us immediately and find out how we can influence the outcome of your case.

We provide nationwide advice and representation from our offices across the East Midlands.  Our independent advice will be free of charge to you in police interview.  We will always investigate whether you can receive the benefit of legal aid for any court representation.

terrorism offence
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below.

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News

Interview under caution – can I use a prepared statement?

For many people the thought of being interviewed by a police officer will never cross their mind. Their law abiding lives mean that they will only rarely have any interaction with the Police.  On occasions, however,  allegations can be made which mean the police will have no alternative but to hold an interview under caution.

The importance of an interview under caution

Such an interview under caution may happen after arrest.  More often in recent times there may be what is called a voluntary interview.  The importance of either type of interview should not be underestimated.  The answers given in an interview under caution will carry the same weight in any court proceedings.  Any responses will also help decide whether a prosecution should be brought in the first place.  As a result, what is said in interview can have life changing effects as a case progresses.

Our expert criminal defence lawyers across all of our offices give daily advice to suspects interviewed by the police.  People choose not to have a solicitor in police interview for any number of reasons.  They may think that they have nothing to hide, or that there is no evidence that they are responsible for any wrong doing.

Free and independent legal advice

Whatever your personal views on the case we would recommend that you always contact one of our solicitors or accredited police station representatives as soon as you know the police want to speak to you.  This might be in advance or as you are booked in at the police station.

This advice will always be free of charge to you as we have a contract permitting us to give advice and representation under the legal aid scheme.  The service remains free whether when our office is open or out of hours.

Our advice is always independent of the police and we may help you identify all of the relevant legal issues that will inform your decision whether or not to answer the police questions.

A police interview years after the event

Chesterfield Police Station Representative Rob Lowe

Recently Chesterfield police station representative Rob Lowe was asked to represent a female suspect.  She had been interviewed in 2013 about allegations of child neglect when she was a foster carer. The case was closed with no action but the complainant wished to resurrect the complaint.  The police chose to put additional evidence to our client four years after the original police interview.

As Rob had attended with his client for interview he was able to receive full details from the police bout the new evidence that they had.  Without the benefit of a legal adviser in interview the police are unlikely to give you a similar level of information before the interview.

It became clear that although the police wished to ask some questions about some new, but minor, issues that had arisen they also wanted to ask some of the same questions that they had asked four years earlier.

As his client had chosen to have legal advice, she had the opportunity of speaking with Rob in private before the interview took place.  He had the opportunity of providing her with detailed advice about her options.

Bearing in mind she had already answered the majority of the questions, Rob was reluctant for the police to have a further opportunity to seek answers that may be inconsistent bearing in mind the passage of time.  Any differences in her account could weigh against her in any charging decision even though they would be perfectly understandable.

Submitting a prepared statement

Rob was, however, keen for his client to address the fresh issues that had arisen.  As a result, he drafted a statement that set out his client’s position in relation to these matters.  This statement was read out at the start of the interview.  After that, his client exercised her legal right to silence and refused to answer further questions put.

You will appreciate that a person without the benefit of legal representation may be unlikely to adopt such a course of action.  They are less likely to be confident in refusing to answer the questions the police put in interview.

Our client was refused charge

Following interview the case was subject to a further review and our client was told that no further action was to be taken.  She had been refused charge.  No doubt this was in part due to the comprehensive denials that she had put forward four years ago, but also in part to the position that she adopted in relation to the later interview.

Contact a legal aid specialist in police station representation.

Rob can be contacted at our Chesterfield office on 01246 283000.  This number will be answered 24 hours a day, 7 days a week, every day of the year.

You can read some more thoughts on why you ought to have legal advice in police interview here.

Alternatively, if might be that one of our other offices is more convenient.  You can find the details here.

interview under caution
VHS Fletchers crime and regulatory solicitors offices
News

New regime for licence conditions from November 2017

Released, But Not Free

For many offenders a prison sentence is a grim reality.  It is a punishment that must be served.  It will impact not only on the single individual but in many cases on their family as well.

licence conditions legal advice
Prison law specialist Irene Tolley

As a result, when the day of release comes it will be a significant moment.  The door on the punishment has closed.  It is an opportunity to draw a line under the past and move on.  For many offenders, however, the release from custody comes with conditions.  These are in the guise of license conditions that must be abided by.  There is the threat of a return to prison if not obeyed in full.

The government has announced changes to the release license regime that come into effect on 13th November 2017.  Prison law specialist Irene Tolley outlines the changes below.

New Licence Conditions Category

In the future, Release licenses will be able to restrict ‘specified conduct or specified acts’.

The government intends that conditions are to be put in place for particular offenders that will:

• Prohibit gambling
• prevent the drinking of alcohol
• ban the use of some social media websites

In planning for an offender’s release, a supervising officer will create a release plan.  This will include the consideration of whether additional licence conditions are appropriate. These conditions are then submitted to the Governor of the releasing prison.  They will review their application on behalf of the Secretary of State. Only once the Governor confirms the conditions do they become legally enforceable.

Why Prohibit Alcohol Consumption?

licence conditions legal adviceThis is what the government has to say about this:

“The consumption of alcohol is a known factor in recidivism for some offenders. In 2004, the Prison Reform Trust published a paper which estimated that 63% of male offenders and 39% of female offenders within the England and Wales prison estate admitted to hazardous drinking before being imprisoned. At the same time, the estimated cost of alcohol-related crime and public disorder was £7.3 billion per year. A condition to require an offender not to consume alcohol would set an expectation for an offender on licence and compliance with that condition would be subject to recall.”

Can I challenge my Licence Conditions?

To be lawful, any licence condition, whether standard or additional, has to be necessary and proportionate to manage the offender’s risk of reoffending and risk of harm. It is always open to an offender to challenge the imposition of a licence condition by way of an application for judicial review.  This would be where the offender considers that the condition is not necessary or proportionate to manage the risks of his case.

How We Can Help

licence conditions legal advice solicitor
Derby crime and prison law solicitor Rosamunde Benn

We can assist with any sentencing related query.  Please contact either Irene at our Nottingham office on 0115 9599550 or Derby crime and prison law solicitor Rosamunde Benn at Derby on 01332 546818.

Alternatively you can use the contact form below.

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News

Drug Driving Offences – what you should know

What are the offences?

There are two drug driving offences:

  • Driving whilst unfit through drugs
  • Driving whilst over the limit for certain drugs

What is driving whilst unfit through drugs?

To be guilty of driving whilst unfit, the prosecution must prove:

  • You were driving (or attempting to drive or in charge of) a vehicle on a road or public place; and
  • You were unfit to drive; and
  • This was due to any drug (medication or illegal)

What is driving over the drug limit?

Since 2015, it has been an offence to drive (or attempt to drive or be in charge of a vehicle) on a road or public place with certain drugs in your blood above fixed limits. Limits have been set for 17 drugs, covering legal and illegal drugs.

Illegal drugs and the drug driving limit

The limits for illegal drugs are set very low, so that even trace amounts can lead to a prosecution. The limits do not provide any indication that the driver’s behaviour or ability to drive are affected by the drug. As these drugs are illegal, effectively a zero tolerance approach has been adopted.

drug driving offences illegal drugs
Drug driving offences – illegal drugs

Legal drugs and the drug driving limit

These are prescription or over-the-counter medications. Limits are set at levels where there is an increased risk of road traffic collision and are higher than would be expected in someone who has taken a normal dose as medicine.

drug driving offences legal drugs
Drug driving offences – legal drugs

 

What about prescription drugs?

The limits set for legal, medication drugs are lower than would be expected in someone taking a normal dosage of the drug.

For example, people taking Lorazepam as a prescribed medicine would normally have a blood concentration of 10-20 µg per litre of blood. The legal limit is set at 100 µg/L.

Even if your blood sample is over the limit for a drug, providing you are not impaired by it, there is a defence if the drug has been taken for medical purposes. This applies if:

• the drug has been prescribed or supplied for medical purposes; and
• it was taken in accordance with the instructions given; and
• the driver was lawfully in possession of it.

The defence cannot be used where the driver did not follow the instructions about the amount of time that should elapse between taking the drug and driving.

What are the penalties for drug driving offences?

If convicted of a drug driving offence, the court must impose a disqualification from driving for at least 12 months. This can only be reduced or avoided if the court finds that there are “Special Reasons” relating to the offence. The court cannot impose a ban for less than 12 months based on the hardship that would be suffered as a result of it. In addition, the court can impose the following:

• Prison for up to 6 months
• Suspended Prison Sentence
• Community Order
• Unlimited fine

What should I do if I am accused of drug driving?

drug driving offences legal advice
Nottingham road traffic law solicitor Graham Heathcote

These are technical offences and involve complicated procedures for the police to follow. Very often, there are mistakes made which mean there is a lack of evidence. Defence experts may be able to challenge the prosecution evidence.

If you would like advice about a drug driving allegation, contact one of the solicitors at your local office or Nottingham road traffic solicitor Graham Heathcote on 0115 9599550 or use the form below.

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