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how to avoid drug driving ban

On the other hand, drivers must be watchful of non-illegal drugs, too, as some prescription and over-the-counter drugs may also cause driving impairment. If as a result of being convicted of a motoring offence which results in the number of points on your licence reaching 12 or more (often referred to as totting up) you will be eligible for a disqualification from driving of at least 6 months. He can do the impossible. Law successfully represented a young man charged with drug driving. It was an interesting case because the Crown Prosecution Service (CPS) through so many obstacles in the defendant’s way. Full of advice and information at any time explaining all possible outcomes and very professional from start to finish. Excellent service!! The CPS also pointed to the fact that the MGDDA document made no reference to our client consuming drugs post driving. It may take only a second to eat a pill or a bag of cannabis and therefore any motorist could claim to have consumed the drug before the police got to the car. Our defence was also made more difficult because our client accepted smoking cannabis before driving! This makes it more difficult to prove a case beyond reasonable doubt when it is claimed the drug was consumed after driving. Assign a designated driver. Can I mitigate to avoid a ban by offering to pay a really high financial penalty. The consequences of that include six months' imprisonment, an unlimited fine and a driving ban of at least one year (or three, if this is your second offence in 10 years.) The longer the time gap, the less credible the prosecution’s evidence. It was an interesting case because the Crown Prosecution Service (CPS) through so many obstacles in the defendant’s way. Previously, there was a requirement to demonstrate that a driver was "unfit" and the obligation upon the Police was to persuade the Court that at the time of the incident, the ability to drive was "impaired" as a result of drug consumption. To this end, the CPS wanted to try and stop us using our expert report because it was extremely helpful to the defence. Involved in accident 7. We were also awarded costs from central funds. Some common examples are: In all of these cases you will have to prove that the special reason exists. Making sure… Read more “I wanted to make sure that I got the best for my trusted employee”, I was really worried when the police charged me with drink driving. If you feel as though your ban was too harsh, however, you can file an appeal and potential have your ban lifted or reduced. In a recent case, M.A.J. You need to make sure that you have a valid defence before you go to court. As an Architect & professional… Read more “I would recommend him as a true professional”, I have no hesitation whatsoever in recommending Stephen Oldham who has clearly demonstrated his expertise in motoring law generally and… Read more “Expertise in motoring law”, Stephen’s service was excellent, from the first contact and throughout the procedure his professionalism and communication was first class and… Read more “Excellent Service”, We researched a specialised Driving Lawyer and Stephen came highly commended. He is available for his clients day or… Read more “Becky Bolt”, A partner at a city law firm recommended Stephen as the best person for driving cases when my eighteen-year-old son was in… Read more “Concerned Mother, London”, I would thoroughly recommend Stephen Oldham Solicitors for any of your driving related convictions. There are 3 main ways that you can avoid a ban and one way that you can ask for the minimum ban to be reduced. 87% Success Rate Drink Driving Trials Over the last 5 years we have dealt with the full range of drug related motor offences and have successfully saved over 1,500 drivers from endorsement or disqualification for motoring offences. In reality this is rarely the true position because alcohol in the body (as with drugs) varies over time and is eventually eliminated. This will not avoid you being banned. Unfortunately, it is sometimes the case that the Magistrates’ Courts are a little too pro-prosecution! Explore more. It is possible to avoid a disqualification when convicted of drink driving if ‘special reasons’ not to endorse or disqualify can be successfully established. 4. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. I was shocked to get a letter from the police telling me that I had been speeding. Instantly understood the issue and was… Read more “Andrew McNally”, I was so pleased with the outcome I am glad I choose to work with you. I am a specialist The magistrates could ban you but quite often you will get 10 penalty points instead. Law successfully represented a young man charged with drug driving. Designate a sober driver to be the “designated driver” before celebrations begin. I contacted him after the police stopped me, told me that… Read more “Open and honest”, Honest straight forward, no nonsense advice. We have identified 3 special reasons and over 34 defences to avoid a ban for drink driving. What the police did not realise was that our client had a small quantity of cannabis hidden in his pocket. Driving ban avoided following successful exceptional hardship argument. Furthermore, the alleged impairment may be due to illegal drugs, legal medication or other factors. From the point… Read more “M Ball”, I used Stephen’s services when I had to attend court and was facing a ban for a totting up driving… Read more “Craig Dunbar”. Drug driving offences are punished by a driving ban of a minimum of one year, an unlimited fine, up to six months in prison and between three and eleven penalty points. Careless driving, whilst carrying a discretionary disqualification, would normally be resolved by a penalty of 3–9 points plus a fine. I know that… Read more “Stephen advised me to hold my nerve”, I was lucky enough to find Stephen on Google as he had a huge amount of positive 5* ratings as… Read more “John Delaney”, My wife received a speeding fine for doing 26mph in a 20mph zone that had, for more than twenty years,… Read more “Charge dropped and the fine reduced”, Stephen Oldham helped me to keep my driving licence after I totted up to 15 penalty points. Would highly recommend Stephen Oldham Solicitors! Sorry. If, however, you accept the offence, factors that the Court will take into account include if your drinks were spiked, if you drove because of an emergency or moved a vehicle an extremely short distance. There are tips for stopping drunk driving that are effective in keeping your friends and family safe, from ruining lives and out of legal trouble. It is an offence to drive in a public place if you are too intoxicated to have proper control of your vehicle. A penalty point endorsement is not an option for dangerous driving for which a 12 month minimum ban is compulsory. Drug driving penalties are severe. Much like with drunk driving, the best way to deter and detect would-be drugged drivers is through the use of high-visibility enforcement tactics. It brings enforcement of drug driving into line with that of drink driving, by introducing a strict liability offence to avoid the need to prove impairment. © 2021 M.A.J. A comprehensive list of the defences which may apply to your case. Kevin made a successful exceptional hardship argument on his behalf so a driving ban was avoided. I have no… Read more “Kept me out of prison”, Stephen, you are worth five stars… At the age of 65 years , having never experienced court and being convicted… Read more “Sue Gibb”, I was fortunate enough to be recommended to this gentleman who did a thoroughly great job. If you receive a driving ban, it can be an extremely frustrating experience, since you will have to rely on other modes of transportation until the ban expires. There are 16 controlled substances, which if you drive or attempt to drive under the influence of, will put you at risk of a drug driving conviction. It is important to plan in advance, because your brain function will slow down and your decision making skills will be impaired once you start drinking. The police could smell cannabis and believed he may have drugs in his car. Drug Driving Case Victory – Avoid a Ban; How we won this client's drug driving case. The police believed that our client may be under the influence of drink or drugs. He is very approachable, matter of fact and non-judgmental. Would recommend. Drink and Drug Driving Ban or Conviction in Taunton. The law on drug driving offences was amended in April 2015. It wasn’t a clear cut… Read more “Perfect Result”, I cannot speak highly enough about Stephen’s services. Avoid driving in areas where drug dealing is common. Any special reason put forward to the court asking them not to endorse or disqualify must relate directly to … With drink drive cases, there is an assumption made in law that the level of alcohol found in a breath, blood or urine specimen (taken at the police station) is the same as the amount in that person’s body at the time of driving. Driving Ban FAQ and legal advice for the UK motorist. Steve Williams of Forrest Williams Speedy response and effective. The extremely helpful advice I… Read more “Sarah Lamrick”, I had never been to court before, another lawyer recommended Stephen Oldham to me. The options… Read more “Kept me on the road and ultimately saved my job”, Stephen framed the facts and circumstances of my case in a such a way that they really resonated with the… Read more “Excellent service. He was given an alcohol breath test which he passed. Stephen was extremely helpful. The scheme also supports offenders to recognise the problems associated with drink driving and to take personal responsibility for, and to address their behaviour in relation to drinking and driving. Speak to a solicitor first. If you are going to be convicted of drink driving the police or the prosecutor have to prove that you were either: If you are in charge of a vehicle but you weren’t driving (or attempting to drive) then you might be guilty of being drunk in charge of a motor vehicle. I contacted him and he helped… Read more “I managed to keep my job”, Stephens advice was straight forward and to the point. This is important when defending such cases because any amount of drug consumed after driving may result in the prosecution failing. An appeal takes place at the Crown Court most local to the trial court and is a complete re-hearing of the case. This is the 'criminal standard' of proof, and the highest burden in law. The good new is that there is no minimum ban. He does not work the… Read more “Very approachable, matter of fact and non-judgmental”, I would highly recommend Stephen, very professional and matter of fact. Courts are stressful, and we… Read more “I would recommend Stephen unreservedly”, So grateful to have been recommended Stephen Oldham. In such a daunting place ‘The Courtroom ‘ I felt… Read more “Kate Waldron”, Clearly knows the law inside out and how local police forces operate. Great job, I would highly recommend Stephen. Never ride in a car with a driver you suspect is under the influence of alcohol. SRA number 563751. The simple answer to the problem is that you can’t avoid a ban if you get convicted of driving with excess alcohol except in quite rare circumstances. When the appeal took place, the Crown Court Judge decided that our expert report was indeed admissible and even went so far as to call the report ‘helpful’ to the court. However, it is not yet known what amount of cannabis needs to be consumed before an individual reaches the drug drive limit. Ask Us a Question Thanks very much for the advice you gave to my husband regarding my son’s driving… Read more “Bea Wood”, I contacted Stephen 24 hours after my incident, thinking I could manage without a solicitor. This type of ban is at the discretion of the judge, where they feel penalty points or a fine would not suffice in a specific case. We will fully prepare your case, offer you advice as to what you can do to reduce the risk of a lengthy ban. D B de S P Architect, Interior Designer, Saxophonist, Professor Howard Ward, Newcastle-under-Lyme, Tom, Senior sales manager for a global chemicals business, York, Garry Calvert, coach driver, Knaresborough, Richard Boyd, RB Automotive, Newtonwards, Northern Ireland. With drink drive cases, it is generally known that 2-3 pints of beer would put the average male at the drink drive limit. This, of course, also enabled us to raise the defence of post driving consumption. Checked a lot… Read more “John Senior”, Stephen was fantastic! These are some of the more common defences: These are not the only ways that you can get off drink driving. We felt strongly that both the pre trial ruling and the trial decision was wrong. Also, the courts wonder, as possession of alcohol is not illegal, what has the motorist got to gain by drinking more alcohol after driving? We are one of the UK’s leading solicitors who are experts at defending drug driving charges. Ski great Northug to be jailed for traffic and drug offenses By ... sentenced him to seven months in prison and a lifetime driving ban. Being convicted of driving under the influence of alcohol has a number of effects on everyday life, beyond a drink driving fine or a driving ban. That would inevitably require some form of "fit" assessment at the roadside. Setting limits for drug-driving may prove tricky. Designating a driver is a very popular tactic to avoid drinking and driving. Either you have a defence or you have Special Reasons for not being disqualified. I always run 5 or 6 vehicles. A ban is mandatory in some cases. Magistrates’ Courts have guidelines which suggest longer bans for most drink drivers. You cannot avoid disqualification by simply mitigating in relation to your personal circumstances. Avoiding disqualification using “Special Reasons” and minimising any sentence imposed. In order for a successful argument against a ban to occur, certain legal criteria will first have to be met. In the run-up to the appeal date we spent considerable time reviewing the evidence and preparing our case. Driving ban and speeding offence FAQs, including when to expect a driving ban, length of disqualification and how to avoid a driving ban. Without his advice… Read more “A true professional”, Professional, best driving law firm ever. Law successfully represented a young man charged with drug driving. Law Ltd, The Old Grammar School, 23 Derby Road, Widnes, Cheshire, WA8 9LG, England, Please tick to consent to your data being stored in line with our, In a recent case, M.A.J. He was worth every penny spent. I was handed a 12 month ban for drug driving Im an hgv driver for a living Not only have i ben band but ive lost my job and my way of supporting my family I was not aware thete was drugs in my system Is there any way of reducing my 12month ban Shelly - 15-Jul-20 @ 1:34 AM. The simple answer to the problem is that you can’t avoid a ban if you get convicted of driving with excess alcohol except in quite rare circumstances. Law enforcement officers are our best allies in the effort to reduce drugged driving and are the heroes who make our roads safe. What the defence had to do was try and establish that the amount consumed before driving would not have been enough to put our client over the limit, therefore the amount consumed after driving was responsible for the excess amount. It will reduce the length of the ban by ¼. The CPS was of the view that nothing was consumed after he was stopped by the police and therefore all the cannabis in his blood must have been as a result of the drug smoked before he dove. Though could… Read more “Jonathan Shaw”, Stephen Oldham represented me very successfully for a speeding offence and totting up points case. He was exemplary. EVEN tougher coronavirus lockdown measures are to be enforced, Priti Patel has revealed. The appeal court ruled that as the defence had raised the issue of post driving consumption, the obligation was then placed upon the prosecution to try and prove that the cannabis was not consumed after driving, or, if it was, that our client would nonetheless have been over the limit (because of the cannabis smoked before driving). Drug driving offences are similar to drink driving offences although ‘impairment’ must be proven by the police and CPS in a very different way. In a recent case, M.A.J. Fully understood the case quickly and managed it very professionally and well throughout, can’t recommend… Read more “Studio8 Steve”, I contacted Stephen Oldham to help me appeal my case to the Crown Court. Marcus Johnstone, who was in charge of this case throughout, instructed a senior barrister to present the appeal. Special reasons are covered in S.34 RTA 1988 We found him to be very personable and engaging;… Read more “Magretta Clarke”, Stephen provides straightforward advice, he laid out all the options that were available without any commitment from me. I was convicted in… Read more “Professional, Knowledgeable and Great results!”, I contacted Stephen for advice related to a summons to court for not providing driver information for a speeding offence.… Read more “Ben Pocock-Walker”, I contacted Stephen Oldham when I was charged with speeding two times by the police. Please get in touch. One of our Driving Ban Solicitors will be able to assist you. Drug Driving Penalties. High level of traffic or pedestrians in the vicinity. Emma Says: Unfortunately not. The CPS had failed to obtain its own expert report to carry out calculations of drug levels based on our client’s stated consumption of cannabis. Don’t drive between midnight and 4:00 a.m. if you don’t need to. 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