Tag Archives: legal advice

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?

drug driving offences prescription medicineThe 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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News

Nottingham Regulatory solicitor invited to Pharmacy Show

On the 8th October 2017, Nottingham regulatory solicitor Martin Hadley  attended, by invitation, the Pharmacy Show at the National Exhibition Centre in Birmingham.

nottingham regulatory solicitor pharmacy showThere were over seventy exhibitors stands.  There was also an opportunity for attendees to take advantage of over sixty hours Continuing Professional Development training.

It was clear from the show that the  pharmacy profession brings together a great many different individuals and organisations. The exhibitors included the manufacturers of highly technical items for use in the pharmacy.  These included robotic dispensing systems and data collection software programmes.

There were a significant number of manufacturers of pharmacy products including natural products, over the counter items and prescription only medications.

Professional bodies were represented including the Royal Pharmaceutical Society and the Association of Pharmacy Technicians. Furthermore, the association bodies of the Pharmacist Defence Association and National Pharmacy Association were there to help and advise their members.

It was enlightening to hear views on the profession from Julian de Bruxelles from the Independent Community Pharmacist publication. Similarly, Charlotte Basely from Today’s Pharmacist was able to give Martin an insight into current issues in the profession.

Martin was able to meet with fellow professional colleagues Jennifer Kelly and Kulzinder Garcha of HRC Law,  and Laura Pyatt of Ansons Solicitors. They all offer valuable legal services to the pharmacist.  These include related commercial work such as property and business sales and purchases, as well as advice on employment matters.

As a result of the meeting, Martin was able to highlight the complementary service that he is able to offer in advising on any regulatory issues that can arise.

Martin found the fair and extremely useful day so intends to return next year.

Contact Nottingham regulatory solicitor Martin Hadley

nottingham regulatory solicitor Martin Haldey
Nottingham crime and regulatory solicitor Martin Hadley

A recent instance of Martin providing advice and representation to a pharmacist where he successfully defended allegations of dishonesty can be found here.

Nottingham regulatory solicitor Martin Hadley is in a position to provide his services nationwide.  If you wish to discuss a case with him then please telephone him on 0115 9599550 or alternatively you can email him here.

News

A Freshers Guide to staying out of trouble…

…With the university

We have all been there. It is after midnight and in less than nine hours your 3,000 word assignment is due. You’ve given it some thought, procrastinated, and are only now starting to put fingers to keyboard.

Procrastination?

The stress involved in meeting last minute deadlines means that many an essay has been produced under chaotic, sleep deprived and less than ideal circumstances.

Although it will be obvious to all that copying an essay word for word from a text book without attribution will lead you into trouble for plagiarism, there are different concerns that might be less apparent.

Plagiarism?

student plagiarism disciplineFor example, if a student types out your essay and accidently forgets to cite some sources, or make it clear that the text is a quote from another source, then they can also find themselves in deep water with the university plagiarism officer too as well.

There will be a definition of plagiarism in your university student handbook. It will cover blatant instances, but also inadvertent plagiarism. The latter will have been caused by a lack of understanding or carelessness. We have sadly seen students face academic disciplinary hearings for matters which, with some careful understanding on the rules of correct referencing, could have been avoided.

Collusion?

Similar concerns arise in relation to collusion. This may sound a familiar scenario – your housemate intended to write their essay through the night. They weren’t up to the job, taking to their bed with the essay half finished. An hour before the deadline they ask to borrow yours. You feel like you don’t want to say no to your friend. They then use yours to copy content and before you know it, your lecturer has spotted too many similarities and you are both hauled before an academic disciplinary hearing. Your marks for that subject or even your degree at risk.

Read the handbook

student plagiarism legal adviceWe say the same to all students – your university student handbook may be about the most boring document you will ever have read but it is always worth looking up the regulations covering academic misconduct. If you do this at the start of your degree then you will understand what the academic requirements are and what could get you into trouble.

We have sadly seen a foolish mistake cost some students their degree or the marks that they were aiming for.

Contact education law specialists

plagiarism student allegation legal advice
Education law solicitor Clare Roberts

If you do encounter any academic misconduct issues you may want to seek early legal advice.  Please do not hesitate to contact education law solicitor Clare Roberts.  Although based at our Nottingham office she will provide appointments at all of our offices across the East Midlands.  Please call her on 0115 9599550 to make an appointment or do discuss a case.

Alternatively you can use the contact form below.

News

A Freshers Guide to Staying Out of Trouble…

…With the Police

Every graduate remembers Freshers week well! It is your first real taste of total freedom from your parents. You have money, friends to make and a desire to prove your drinking prowess in the form of a freshers week arrest legal advicevariety of crazy drinking games just to get accepted into the rugby, rowing or hockey club.

Ten pints in and it is suddenly fun to lie in the road, rugby tackle a few passers-by for a laugh or run naked down the street.

The problem is that whilst you are out, carelessly stumbling around, CCTV cameras in city centres are watching your every move.

Arrested during Freshers Week?

Sadly, year after year, we represent students arrested, especially during Freshers week, for offences such as assault, criminal damage or causing harassment, alarm or distress in a public place, as well as possession of an illegal drug.

freshers week police arrestIt is unlikely that most first offences will result in a prison sentence. The consequences, however, of the conviction on your future career may be great. It may even affect your ability to continue with your degree where the university instigate disciplinary proceedings.

This will be more likely when you are studying a vocational degree where as part of your learning, you have contact with the public. We have represented students studying medicine or nursing degrees, where their criminal conviction has brought them before the Fitness to Practice Panel of their regulatory body.

Free and independent legal advice

If you are unfortunate enough to get arrested during your degree, remember that everyone, regardless of their financial means, is freshers week student legal adviceentitled to free legal representation at the police station. The cost of this advice will be paid for by legal aid. This service can be accessed 7 days a week, 24 hours a day.

If you are under investigation for a criminal offence or recently convicted AND your university is looking to bring proceedings against you, it is always worth contacting a solicitor to know and understand your rights and how best to proceed.

Contact a criminal law specialist

A specialist lawyer can be contacted through any of our office numbers at any time of the day or night to provide you with free and independent legal advice at the police station.

People being spoken to by the police for the first time might not think that they need a lawyer.  Speaking without one would be a mistake.

Here are 10 good reasons why you will want to take advantage of our advice.
 Details of your nearest office can be found here.
freshers
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below.

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