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Drug driving - Medical grounds.

Rixstaa

New member
Hi Martin,
I will try to keep this short and clear but in depth to help others in similar situations...

I have several previous arrest for Driving while unfit threw drugs ect only 1 conviction in 2013 resulted in a 2 year ban yet was half a joint from the day before that put me over.

I believe I was stopped last night purely on my convictions and or previous arrests "heavy historical criminal record," officer has no problems with my manor of driving but Im in same schenario of smoking a joint over 24h before this stop as in 2013 but the laws changed so I dont have a clue about how it works.

The solicitor was telling me to take the test but because Ive been banned in the passed 10 years I face a minimum 3 years. I asked the minimum for refusal which he told me was 18months, "I read you responding in the forums that it is 3 years for refusal today, could you please confirm this."

I asked this solicitor why would I give a test if minimum is 3 years over taking a refusal for 18 months minimum, He simply replied I cant say yes or no to if its a better option but I should provide the test which just makes no sense to me which made me ask how long he worked for my solicitor which he replied "a year but then stumbled and said he dont work for my solicitor he works for some other firm."

He did how ever mention that the only way out of this is reasonable grounds and my medical problems were already at the front of my mind, I wasnt far off my anxiety and stress causing a gall bladder attack and tried to explain to the officers they were making me extremely anxious and nervous. I also have fatty liver disease and a few other problems.. I also had no access to hydration which can also trigger a attack.

I felt as if the solicitor incriminated me by asking me to answer yes or no to certain questions over the phone which Im really worried about now. None the less I appreciated some of his information.

Anyway I have a few medical problems and refused the test on medical grounds.

I declared my problems to the custody seargent and can provide medical evidence to support a few things but I did not declare this when asked why I was refusing, I simply said "medical grounds." I was not asked to explain any further.

He then continued with a question along the lines of "so you are refusing to provide me with a blood sample," which I replied "yes," He then goes threw there book and calls over a couple of different officers talking about the form saying go to section blabla and elaborate but he could not elaborate as I simply replied "yes".

Also when asked what medications I am on, I told the custody seargent but I replied none to the officers questions as I am currently unable to get prescritpions and out of treatment due to covid19.

Im thinking this is a argument for a reason to be unable to provide with out my medication Im at a higher risk of gall blader attacks from the slightest of stress and anxiety, even dehydration or not eating at a set time or bad diet can cause a attack which I have been diagnosed with aswell as fatty liver disease and need a operation but covid19 is in the way. I get attacks from the slightest bit of stress and anxiety which knock me into a 3h sick spree. I have been given sick notes for nearly 3 years for mixture of problems.

I did not want to reveal my cards to them but I did mention my problems to the Seargant and definately have several reason for not being able to provide blood and urine, proving it might be a different story.

I am still under investigation for other problems and recently had a surgeon appointment just before covid19 March 9th where the surgeon explains that I have another issue with my urine as gallbladder is not connected "I have the hole conversation recorded too". Last sick notes say "lower abdominal under investigation, anxiety, depression."

I dont think they log how hard it is to get the blood from me when doing blood tests, over heating, jumping out my skin, shaking, looking away ectect. I often put them off when told to come in and do that regular this can be seen most likely threw my medical record that theres gaps and missed appointments. I end up getting so sick I just go do what ever they say but its still a struggle to get blood as I jump when people come near me and at the thought of needles I over heat and get all tensioned up. Its not hard to see either that I have a anxiety issue.

Ive already requested my medical record and Ive only been out of treatment a few week literaly to do with covid 19 and pretty sure my medical record would be enough but I want to also see Dr about the needle phobeia as Ive had many a problems with blood tests but feel asif they dont log the details to how I have reacted to needles when trying to give blood for my own health conditions and this may be a problem in getting the dr to agree. This is worrying me.

I have a solicitor and awaiting them to contact me but Im trying to take action asap. I need recomendation for a Solicitor that takes legal aid in Hull as my solicitor is from Birmingham and worried I may get stuck with a last minute solicitor like before.

Please do advise me as best you can. I really appreciate what your doing and wish you the best.

Many many thanks in advance.

Yours Sincerely
Ricky

Ps
I have many questions, could I pm too please.
 

Martin Hammond

Solicitor
Good morning.

You have asked for my advice and the best advice I can give you is to speak to your solicitor. I can answer questions where you need to know something specific here but what you need is someone to take a full set of instructions about what happened and all of your previous convictions and with that solicitor make a decision on what to do.

It does sound like you have potential defences so you need to go through it all with your lawyer.

I dont know any legal aid lawyers that can help but the Courts can usually point you in the direction of a legal aid lawyer that can help.

Best of luck

Martin.
 

Rixstaa

New member
Hi Martin,
Sorry that was a long read.
Ok I have some questions.

What is minimum disqualificafion for refusing the blood sample if 2nd offence with in 10 years?

Will me not explaining my medical conditions fully go against me on a trial?

Can the phone call to the solicitor be used as evidence?

Will or can my medical history stand as a evidence for a defence?

Will a Dr writing a letter be sufficient evidence?

Do officers need a reasonable excuse to stop me?

Are officers allowed to use PNC to stop me purely on my history?

Can I deny even going in the station and it was me? They only took a picture and surely they would not want to pay thousand to get a expert to prove it or do they still cheat and just say its you and convict you?

Do I request the custody footage so I can display my behaviour as it even shows the officers asking me if im ok?

These are my main concerns for now.

Many thanks for your time.
 

Rixstaa

New member
Hi Martin,
Appreciate that. I have spoke to him yesterday and would have nothing to clarify as his been my solicitor from a kid and has my best interest to heart unlike others who talk a good game then refuse to take your trial on. I appreciate you trying to help and saying that too. You got back faster then anyone and I really appreciate that. You keep up the work.

So for anyone reading, you need to wash your mouth out or take the blood test and hope it dont come back or your guilty "this is only for now too." even a solid medical reason can fail, Just wish the shyt solicitor I spoke to didnt lie to me as he told me 18months for refusal which my solicitor said is bs and I refused on the solicitor advice where if id spoke to my solicitor I would of done the test, so many variations as Martin says..

This my problem now he saying theres no real way to defend but to hope the bloods dont come back in time or prove a discrepancy in the forms but thats to late as Ive refused and have a court date so now I goto try drag it out which I suspected would be the case anyway. I am yet to discuss medical problems and will update this post as I go threw the process as Im finding hard to find any info from people he have fought these type of cases.

Im tell you how we have won but pre 2015 law, so these wont apply to todays laws but may work similarly.

We would always push for adjournments or plea deals, charges so serious that drug driving isnt worth there time, wasnt me you stopped and get adjournments for many different reasons knowing the samples would go out of date for a dismissal but my last one the police done the same thing and solicitor told me to take the blood then when I spoke to my solicitor he said I should of refused and to always speak to him but they dont let you speak to your damn solicitor.. This was a different as they had clamped down on the out dated samples and he said I thought I was safe because of our previous wins but not this time. This time I needed to refuse. Well I just done the same thing due to not being able to speak to my solicitor and I dont think thats right at all.

If your reading in advance to a pull you need to call your solicitor and lock your self in, wash your mouth out 15 minute before leaving your house and every hour there after to pass the rd side even if you smoked a week before, it stays in your system 28 days so do take action, even if around smokers youl fail.

Ive had solicitors refuse to fight some of my trials as they to scared of a loss and most time when pushed Ive had no solicitor and pushed a dismissal, even had no solicitor and the prosecutor drop charges but judge want to jail for fail to surrender, its hurendous.

If you have a historic record or even a previous you cant drive a car insured in your name or they will stop you every damn time and hurrass the crap out of you until your banned, specially if you drive nice cars as there looking to take your car too if your disqualified and jail your ace.

Put your foot down dangerous driving and 3 points is a better option, even drinking 2 beers so the blow you is better option. I had to do that for a bit but even then if you forget you blow zero and they may swab you. You goto wash your mouth all the time. Im a dumb ass. Didnt even search me or my car thats how clean I am. They dirty, used my record as excuse to pull and fk me over and put me in jail for weed is pathetic. Im sick of it..

Cannabis stays in your system 28 days and a scientist can tell exactly when you last smoked from your blood result but they will still do you for being over the prescribed limit which passive smoke will see you well over, dont even be around weed smokers or licence is at risk.
Thats quite hard.

This needs to be fixed because I myself cant come off the rd and keep doing jail for bs like that and am quite happy to hit padements and put lives at risk and sit in jail over a pathetic easy conviction like this, id rather assault a officer too, its kind of worth the 3 month jail over this. I have never had a point on my licence yet get over the max sentences every time and Im sick of it all.. I got my licence and pay my bills to stop this but now feel so stupid as I could just be driving round in stolen cars giving zero fks at zero costs and I even stand a chance at getting away, where the legal way theres virtualy no way and they know that and that in its self shouldnt be allowed.

If youve had your bloods sent off over the covid19 lock down theres a good chance your samples are going to be out of date or not even come back and im kocking myself now. Thats what these shyt solicitors do to you from the police station. Its like there working for them and not you so do be careful as refusing on the grounds of speaking to a solicitor is not a reasonable excuse eother so Im probably shagged.

Just my story. I will update the out come but if you see police and you know youve smoked or been around it in the passed 28 days, PUT YOUR FOOT DOWN.

Take care out there some times doing the right thing doesnt mean its the right thing for you..

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