DRUG DRIVING 3times

Convicted Driver Insurance

Coostietightner123

Well-known member
This happens from time to time. Someone will come on here looking for advice. Sometimes details and facts (which are quite important) are missed out, either accidentally or otherwise. Sometimes because the offender themselves still hasn’t come to terms that it’s them that’s to blame. Not the system or the police or judiciary. Also I’d point to this very important fact, one person may misunderstand what message you’re trying to portray. But very seldom is it everyone that gets it wrong. So again you have to admit, that your version of events has not been relayed in a concise and cognitive manner. That’s fact. I also thought you had been driving whilst disqualified, I also thought that you’d had three convictions and wondered how on earth you had not been an HRO.
That aside, there’s something for you to get your head around. It’s not this forum or the world against you. So it would help you if you’d stop being so defensive and bordering on rude. There are so many people on here I’m sure could give you amazing advice. But see, your manner? Just switches people off mate. You do come across as a bit arrogant. None of us on here are arrogant. We all know what we have done. Just leave the angst at the door fella and you will get way more cooperation.
 

Lu1sidris

Member
This happens from time to time. Someone will come on here looking for advice. Sometimes details and facts (which are quite important) are missed out, either accidentally or otherwise. Sometimes because the offender themselves still hasn’t come to terms that it’s them that’s to blame. Not the system or the police or judiciary. Also I’d point to this very important fact, one person may misunderstand what message you’re trying to portray. But very seldom is it everyone that gets it wrong. So again you have to admit, that your version of events has not been relayed in a concise and cognitive manner. That’s fact. I also thought you had been driving whilst disqualified, I also thought that you’d had three convictions and wondered how on earth you had not been an HRO.
That aside, there’s something for you to get your head around. It’s not this forum or the world against you. So it would help you if you’d stop being so defensive and bordering on rude. There are so many people on here I’m sure could give you amazing advice. But see, your manner? Just switches people off mate. You do come across as a bit arrogant. None of us on here are arrogant. We all know what we have done. Just leave the angst at the door fella and you will
This happens from time to time. Someone will come on here looking for advice. Sometimes details and facts (which are quite important) are missed out, either accidentally or otherwise. Sometimes because the offender themselves still hasn’t come to terms that it’s them that’s to blame. Not the system or the police or judiciary. Also I’d point to this very important fact, one person may misunderstand what message you’re trying to portray. But very seldom is it everyone that gets it wrong. So again you have to admit, that your version of events has not been relayed in a concise and cognitive manner. That’s fact. I also thought you had been driving whilst disqualified, I also thought that you’d had three convictions and wondered how on earth you had not been an HRO.
That aside, there’s something for you to get your head around. It’s not this forum or the world against you. So it would help you if you’d stop being so defensive and bordering on rude. There are so many people on here I’m sure could give you amazing advice. But see, your manner? Just switches people off mate. You do come across as a bit arrogant. None of us on here are arrogant. We all know what we have done. Just leave the angst at the door fella and you will get way more cooperation.
I haven’t been rude. Some comments on here make the situation worst then what it already is. I already know it doesn’t look good. If you don’t know the full story then ask what bit you want don’t just assume something.
 

Dinlo

Well-known member
I haven’t been rude. Some comments on here make the situation worst then what it already is. I already know it doesn’t look good. If you don’t know the full story then ask what bit you want don’t just assume something.
OK, what's the full story then? It might save some of this back and fro nonsense.
 

Lu1sidris

Member
OK, what's the full story then? It might save some of this back and fro nonsense.
I got 3 drug driving convictions during 2020 covid which take 6 - 12 months to come through. Every time I got swabbed and took to police station to get blood taken. I haven’t driven a car since August 2020. Which is about 2 years 3/4 months, I spent a month in a Spanish mental hospital just before my first court case in August for cannabis addiction also benzodiazepines and other medications I was getting from my gp at time. Yes I know I was wrong for driving, and I’ve had to learn the hard way. I didn’t get HRO when I went court also. My last court date was in December 2020 which was the 3 year ban and 3 month tag monitor.
 

Dinlo

Well-known member
I got 3 drug driving charges

9th December 2020- 6th December 2021, 1 yr

14th august 2020 -13th February 2022, 18mnth

21st December 2020 -20th December 2023 , 3 yr

This is where the confusion is arising. Charges relate to police action whereas what you're actually referring to is convictions so reading what you wrote there would mean that you had driven on all three occasions and been charged on each occasion by the police when what you really mean is that those 3 dates are actually court imposed convictions. This is why people on here have assumed that you were driving whilst banned.
 

mrturk

Active member
You know how long cannabis stays in your system for, up to a month, do some research for yourself aswell.
The legislated drug in cannabis, delta-9-tetrahydrocannabinol, can stay over the driving limit in your blood for a max of 3 days if you're a very frequent user. For a casual user it is less than a day.
Could I appeal this I’ve already done over 2 year ban or have to wait to do 2 years on the last charge ?
Just to be clear, you wouldn't be appealing. The deadline for appealing a Magistrates' Court conviction is (I believe) one month after conviction. But I think you're asking about applying for an early return of your licence. The answer is after two years from the start of your conviction you can apply. Your application will need to demonstrate good character and a strong determination not to offend again (with evidence). It's your right to apply, but you will find it difficult to make your case after three convictions without very convincing evidence. That said, it is free to apply on your own. Just be aware that you will have to reapply separately with the DVLA even if the court agrees and they will probably ask for a medical and drug testing.
 

TCB1989

Well-known member
I'll be that person....

Regardless of dates of arrest/convictions and various other things you need to deal with the drug issue before the driving issue. many of us on here myself included have made mistakes at least once, but 3 times? Its worrying you didn't learn your lesson the first time, the second time and unbelievably a third time!!! Wow.

You need to accept you are a danger on the roads and haven't learnt anything, which frankly is terrifying, You will have to jump through so many DVLA hoops to even get a sniff of a temporary license (that's if you get a license back at all). You potentially couldnt have picked a worse drug for staying in your system as well, i have a lot of sympathy for you.

BUT you ultimately need to make that decision....... Drugs or Driving? Just like many of us have had to make the "drink or driving" choice, you cant mix both and by the sounds of it, its taken you a smidge longer to realise that.....

I wish you all the luck in the world, you will need it!
 

Stephfan

Well-known member
Pre

They aren't likely to give you your licence back quickly, you're going to be a HRO, medicals etc will be needed.

No, you've been caught again despite 2 previous charges. You need to stop the drugs! Getting your licence back won't be easy. You will be treated as a HRO
Talk to Frank buddy.. ngl 3times is mad. Regardless of any reason..
 

Missbee

Well-known member
I bet their life is better than someone who will not take ownership of 3 drug drive charges and gets rude when people try to help or ask questions!
I'm still really confused with this post. Did he get charged 3 times for drug driving or not lol
 

Luna2000

Well-known member
I'm still really confused with this post. Did he get charged 3 times for drug driving or not lol
I get the impression that they were stopped and drug swabbed 3 times before the results of the first drug swab blood test were available. Therefore they weren't banned while driving and when the 2nd and 3rd swab happened. However, when the 1st case(s) came to court, they were given a 3 year ban for drug driving, I assume covering all the occasions they were swabnbed.

Being convicted of drug driving does not apparently, unlike with alcohol above a certain level, make you an HRO.

However, Lu1sidris seems to be wanting to make an application to have their licence returned early, which as they were banned for 3 years, they are entitled to do under Section 42 of the Road Traffic Offenders Act 1988.

Now according to them, they were banned in December 2020 meaning they can only apply sometime in December 2022 for this early return.

There are only some very limited reasons why the court would consider returning your licence early, and according to others on this site who have tried, the success rate is not very high. Plus by the time they make the application and get a court date (and the cost of employing a solicitor,) they may find they are fairly close to the end of their 3 year ban. Plus if you are not HRO (and I am surprised at this after 3 positive drug tests,) you can drive under S88 once your application has been makde.

Reasons for early return could be;

The Court Hearing​

The court hearing will be an opportunity to put forward your case as to why you need early removal of your driving disqualification. Courts are not easily satisfied and any reasons given as to why the disqualification should be removed early need to be strong. Examples include:
  • Employment Opportunities:- A new job or promotion that would be dependant upon the ability to drive.
  • Health Issues:- A health issue either with the disqualified driver or a member of their family that would benefit from their ability to drive.
  • Family Issues:- Family breakdown and contact with children dependant upon the ability to drive.
These are only a few examples as to why a disqualified driver may think they need early removal of their driving disqualification, the list is not exhaustive.

Other reasons may include an opportunity to carry out charity work that relies on their ability to drive or an elderly or sick relative that would greatly benefit from their ability to drive.

Additional Information

Any additional information that could strengthen the application should be brought to the courts attention.

This could include reports from a disqualified drivers GP addressing any issues regarding alcohol, reports from any alcohol counselling, education or rehabilitation providers.

Any information that will help the court to see that a person has addressed any issues they may have had regarding the consumption of alcohol will be beneficial.

Court Considerations

The court will consider the application and take into account various factors such as:

  1. The character of the person making the application and their subsequent conduct since the disqualification order was imposed.
  2. The nature and circumstances of the offence for which they were originally disqualified.
  3. The reasons given as to why the court should consider early removal of the disqualification.
  4. Any other circumstances relevant to the case in question.

 

Paul W

Well-known member
Just wondering and NOT wishing to stoke a fire..... but if you get arrested and charged 3 times for drink driving in a similar period, is that not jail? Genuine question.
 

mrturk

Active member
Just wondering and NOT wishing to stoke a fire..... but if you get arrested and charged 3 times for drink driving in a similar period, is that not jail? Genuine question.
Generally no, not without significant aggravating factors. It's particularly common to occur with drug driving because it can take as much as 6 months (12 in Scotland) for the sample test results to come back. What I usually see is the police and CPS try to coordinate the repeat offences into a single trial (if possible) and seek a longer ban period. I've only seen one triple drug drive trial result in a jail sentence, as the driver had hit a pedestrian on the first occasion and continued to drug drive on two further occasions within a month while the testing was happening for the first. The police had all three rushed and a prison term was successfully sought by the CPS.
 

WinterSnow

Well-known member
Just wondering and NOT wishing to stoke a fire..... but if you get arrested and charged 3 times for drink driving in a similar period, is that not jail? Genuine question.
I too have been trying to get my head around this. I think what is being suggested is that the OP was still driving around (whilst under the influence) before his charges were brought to court this accruing more despite not being disqualified. Is this correct??
 

mrturk

Active member
I too have been trying to get my head around this. I think what is being suggested is that the OP was still driving around (whilst under the influence) before his charges were brought to court this accruing more despite not being disqualified. Is this correct??
Yes, because you can't be charged or convicted with drug driving until the blood test results come back, so the right to drive can't be revoked (as I mentioned, test results can take up to six months to come back/12 months in Scotland). This means a person can commit multiple drug drive offences during the investigation period.
 

Paul W

Well-known member
I too have been trying to get my head around this. I think what is being suggested is that the OP was still driving around (whilst under the influence) before his charges were brought to court this accruing more despite not being disqualified. Is this correct??
When i was charged with DD it put the fear of god in me. I even detached my car keys from my house keys so there was no possibility the police could say "intent to drive" even when i had given up alcohol and the car was on the driveway. I cant imagine a scenario where I was stopped, tested, stopped again, tested stopped a third time and same outcome. But I haven't walked in his/her shoes so can't say much.
 

Lu1sidris

Member
Yes, because you can't be charged or convicted with drug driving until the blood test results come back, so the right to drive can't be revoked (as I mentioned, test results can take up to six months to come back/12 months in Scotland). This means a person can commit multiple drug drive offences during the investigation period.
Thanks sir, actually someone who knows what there talking about lol!
 
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