Drug driving. 18 years old. PLEASE HELP!

Convicted Driver Insurance

Ryhan05

Member
Hi all,

I am 18 years old and currently an apprentice.

I was pulled over near my friends house the other day because there was litter next to my car which my friend had threw out.

The police said that they could smell cannabis and ordered me to take a swab test. I failed and was took to the police station to take a blood test. I was polite and fully cooperative and gave my sample.

I was told that i will need to wait 4 months to hear back from them with my results and most likely a court date.

As i am 18 and have been driving for less than a year. If i am convicted and banned. Will i need to retake my driving test? Or will i j

Also, im aware that they must procecute you within 6 months of the offence.
Due to the corona virus and them telling me i will need to wait 4 months which i belive is not normal. Is it possible that i may not be prosecuted and it may go past the 6 months.

Thanks for taking the time to read and i appreciate any advice/help.

I really dont want to loose my licence but if i am going to it will make it much easier if i dont have to retake my test.

Are there any loopholes?

Many thanks, Ryhan.

ps. I only smoked the day before i got caught but i do smoke it quite regularly.
 

grice96

Well-known member
They have 6 months from the date you were caught for the police to lay a charge. There is no slow down in private blood testing right now, the courts don't have to be open for you to be charged. The police send off the blood, get the results and then charge.

After about 6 months and 2 weeks you're safe. The extra 2 weeks allows for the letter to arrive if you are charged on the last few days of the 6 months. There are no loopholes sadly bud, you were behind the wheel when you were tested there's no defence. Given your age and how long you have had your licence it will be more than likely that you will be ordered to re-take your tests.
 

price1367

TTC Group
Grice is correct.
Also, The court CAN consider ordering a retest but do not do it as a matter of course. You do not have to retake your test if you are over, under the 6 points in 2 year rule because drug driving carries a straight ban, with no points.
 

Ryhan05

Member
Thanks guys.
So Price, are you saying that drug driving doesnt consist of penalty points and therfore i wont have to do my test again unless the court order me to do so?

Do you onow if it is more Common to have to resit the test or not resit the test?

Also, are you aware of any cases where they do not charge you in time?

However, i cant see them testing blood at the moment surely?!

Again, thanks for your responses. Much appreciated!
 

Ryhan05

Member
Another question for you guys.... is 4 months a normal wait time for results. My licence means everything to me i need to try and get my self out of this mess or atleast try to minimise the consequences. Im truly gutted :(
 

grice96

Well-known member
I was due a liver function test 2 weeks ago and my GP seen me, I had the test and got the results yesterday afternoon from my GP's receptionist on the phone. I'm in Northern Ireland but we are part of the NHS. Normally I get results in 3 days but it took longer this time, so they're still working all be it slower.

I had to resit my test but everyone who is banned here in NI has to do that. You don't get points so price is correct you would not tot up the 6 points required to have to resit the test. Although the magistrate can order anyone being banned to re-sit their test but that is usually reserved for cases where dangerous driving was involved or a crash.

The usual time frame for charge is anything from 2 weeks after the offence right up to 6 months, I have seen a good mix of people on this forum over the last year getting their charge within the 6 months. There's no way to reduce the consequences really mate except for character references in court, a nice suit and being apologetic to the magistrate. You have co-operated fully with the police so that's already in your favour. For drug driving if your bloods come back over the limit you will be banned for a minimum of 12 months.
 

Ryhan05

Member
Grice, thanks for your rapid reply. Thats settled me abit knowing that i most probably wont have to resit the test.

Can i ask what a character reference is? Is this somthing i can retrive from my employer?

And yeah ill be sure to make sure im looking smart and presentable.

Can my dad come in court with my to help my defence? Lol :)

Again, thanks for your help with this mate :)
 

grice96

Well-known member
No problem, my replies are faster than usual since there's not much else to be doing but sitting on the phone right now lol

A character reference is just having someone with a professional standing giving their input about your character and how this incident was out of character for you, someone who has known you for a while. It can't be friends or family as they could say anything to defend you. An employer would be good also I know of a lad who used his year head in school as a character reference when he was banned at 17.

Your dad can come with you of course, he can't speak on your behalf but he can be there to support you.

It's not the end of the world mate, i was 22 when I was caught and I am a car enthusiast, love driving, it was devastating but it really made me rethink what I was doing. The ban doesn't be long going in, especially when you're so young and will have so much time to make up for once the lockdown is lifted.
 

Ryhan05

Member
Ah thats good to know then. Ill maybe speak with my previous head of year as he has knew me much longer than my employer.

Glad my dad can come too.

Yeah your right. To be honest im glad its happened now and not some time in the future. Id rather go through it now so that it gives me a reason to never touch the stuff again. Just gutted as expected really.

Well, aslong as i know ive got a high chance that i wont have to resit my test, thats a positive.

Thanks for taking the time to help me out here. Its greatly appreciated.
If i have any more questions in the future will you be on here to respond lol?

im sure ill have some more as ive probably got months to wait :)

cheers mate
 

grice96

Well-known member
Ah thats good to know then. Ill maybe speak with my previous head of year as he has knew me much longer than my employer.

Glad my dad can come too.

Yeah your right. To be honest im glad its happened now and not some time in the future. Id rather go through it now so that it gives me a reason to never touch the stuff again. Just gutted as expected really.

Well, aslong as i know ive got a high chance that i wont have to resit my test, thats a positive.

Thanks for taking the time to help me out here. Its greatly appreciated.
If i have any more questions in the future will you be on here to respond lol?

im sure ill have some more as ive probably got months to wait :)

cheers mate

You can always get me on here via direct message mate if you click on my username there should be an option to message me. If you have any more questions just shoot me a message I've been through it all myself. Better to make these mistakes when we're young and get them out of the system. Getting my licence back has made me the safest driver out of all of my mates, I'll never risk losing it again.
 

neebob200

Well-known member
Hi all,

I am 18 years old and currently an apprentice.

I was pulled over near my friends house the other day because there was litter next to my car which my friend had threw out.

The police said that they could smell cannabis and ordered me to take a swab test. I failed and was took to the police station to take a blood test. I was polite and fully cooperative and gave my sample.

I was told that i will need to wait 4 months to hear back from them with my results and most likely a court date.

As i am 18 and have been driving for less than a year. If i am convicted and banned. Will i need to retake my driving test? Or will i j

Also, im aware that they must procecute you within 6 months of the offence.
Due to the corona virus and them telling me i will need to wait 4 months which i belive is not normal. Is it possible that i may not be prosecuted and it may go past the 6 months.

Thanks for taking the time to read and i appreciate any advice/help.

I really dont want to loose my licence but if i am going to it will make it much easier if i dont have to retake my test.

Are there any loopholes?

Many thanks, Ryhan.

ps. I only smoked the day before i got caught but i do smoke it quite regularly.
You will proberley still be over the limit even if you smoked the day before and use it regularly.if you get banned you won’t get points and shouldn’t have to resit your driving test.you will have to to do a dvla medical before they re issue your licence after your ban and they will write to your doctor to see if you have a drink or drug problem so six months into your ban go and explain to your doctor what has happened and inform him you don’t use drugs since the offence.dress smartly and show remorse in court this goes a long way.i would.nt bother with a solicitor mine cost over six thousand pounds last year and was a waste,of your bloods are over best plead guilty.best you can hope for is 12 month ban and a dg10 endorsement criminal record also and you may find getting insurance a real problem with your age.
 

price1367

TTC Group
Thanks guys.
So Price, are you saying that drug driving doesnt consist of penalty points and therfore i wont have to do my test again unless the court order me to do so?

Do you onow if it is more Common to have to resit the test or not resit the test?

Also, are you aware of any cases where they do not charge you in time?

However, i cant see them testing blood at the moment surely?!

Again, thanks for your responses. Much appreciated!

Drug driving does NOT carry points, correct, just a straight ban.
Ordering a person to retake their test is uncommon, not the norm, but where it is used is generally elderly drivers. (Drink driving) or young people who have recently passed their test (drink or drug driving) - as in the 6 months before the offence.

It is still not normal to do this, but you need to be aware that it is an option.

Hardly any cases time out at the 6 months time frame (plus 2-3 weeks to serve it) I would say it is rare.

The virus situation will not stop them testing the sample, drink / drug driving is treated seriously by the police and arrangements are still in place to get the samples tested.

4 months to get to court is quite common. If a sample being sent off is involved then it would be at least 6 weeks before the result came back. Then it depends on if you are bailed to return to the police station - where the outcome for court is quicker - or if you were just released pending the results, in which case the first you hear is a summons in the post which can take a lot longer.
 

Ryhan05

Member
Hi,

so today - on the last day i could be charged 6 months after the offence i was sent a letter explaining i have failed the drugswipe and have to appear at court.

i got results of 2.1gm/l. Which is 0.1 over the limit. What are the chances of me getting away with this?
I didnt smoke that day but stood with a. Friend who did
 

price1367

TTC Group
There is no chance. 2.0 is the limit, 2.1 is over. They claim that 2.0 means that passive smoke should not be enough, but I suppose it depends on the strength and how close / how long you were by the person. Either way, it is strict liability for illegal drugs, over the limit, lose your licence

don't stress about it being “the last day” to be charged, I presume they applied for a summons a couple of weeks ago and only notified you today, they could have applied for a summons today and not told you for another month or more and it would still be valid so long as the procedure is commenced within 6 months.
 

Ryhan05

Member
Thanks for that. After speaking with a few solicitors they say i may have a chance of getting away with it. Theyve also said that i was driving a vehicle when i wasnt and was in control of a car apparently as the car was parked and turned off
 

price1367

TTC Group
You can read the guidelines below about prosecutions for drug driving.


I do not see any way that you can use passive inhalation as a defence, or that you were a fraction over,..... over is over.
There is merit in saying that you were not driving, but the prosecution, if they do not have evidence of you driving would simply ament the charge to an offence of being “in charge of a motor vehicle whilst over the drug limit”. (You were parked up when sen by the police, but do they have, for example, CCTV footage of you driving?)
You could then put forward a defence that there was no likelihood of you driving the vehicle whilst still over the limit and you would have to put forward your timescales and be questioned about when you were going to work and other factors.

Solicitors will always tell you there is “a chance“ of getting away with it. After all, they will never lose and they are chancing it with your money.
I have been advising a person on here for weeks via private messages who has been told he has a chance of getting away with it. I have advised that the chances are next to zero and he should use the opportunity of pleading guilty and getting a discount on the fine. He listened to his solicitor and pleaded not guilty and is in court next week. Now his solicitor is saying about pleading guilty and trying to negotiate with CPS which, even if successful, will leave him worse off than if he had pleaded guilty in the first place......
if you intend to use a solicitor, you need to use one that is an expert in drug driving, not a generic one. Their fees will start at £3000 (and go up) and you will have to pay for technical reports to indicate when the cannabis would have left your system, which is harder to do than with alcohol which is fairly predictable.

Ask the solicitors who say you have ‘a chance of getting away with it” if they will take your case on as a ‘no win no fee’ basis... That will show you what they feel your real chances are. I bet I know what their reply will be...........
 

2021jm

New member
Thanks for that. After speaking with a few solicitors they say i may have a chance of getting away with it. Theyve also said that i was driving a vehicle when i wasnt and was in control of a car apparently as the car was parked and turned off
Hiya mate. The same happened to me a few months ago and I am currently awaiting my results.

What was your outcome ?
 

Skinnerr2

New member
Hiya mate. The same happened to me a few months ago and I am currently awaiting my results.

What was your outcome ?
I'm 20, got pulled last year for going through a red light, they drug tested me and came back positive, took blood test and here I am 8-9 months down the line and havent heard anything. There is limits on drugs, I'm told for example, you smoke a joint, after 4 hours you could be under the limit but still have cannabis in your system, which would come up positive on the road side test, but would later show negative due to you being under the limit. I was pulled last april and still and still havent heard anything! Hope this helps and best of luck
 

price1367

TTC Group
I'm 20, got pulled last year for going through a red light, they drug tested me and came back positive, took blood test and here I am 8-9 months down the line and havent heard anything. There is limits on drugs, I'm told for example, you smoke a joint, after 4 hours you could be under the limit but still have cannabis in your system, which would come up positive on the road side test, but would later show negative due to you being under the limit. I was pulled last april and still and still havent heard anything! Hope this helps and best of luck
Unless you have moved house, there is NDA re the drug driving as the police have to lay the information to raise a summons within 6 months, which might take 3-4 weeks To be served.
If you smoke a
Joint and drive 4 hours later you are certain to be over the limit on the blood test, it is detectable for up to 24 hours at the low Level that puts you over.
 
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