drug driving question

[Jcramicro980]

I got pulled over almost 6 months ago.. not sure how I 'got on their radar' as the first thing I asked after greeting the officer was have I done something wrong.. he replied no but he was acting "on intellegence".. anyways.. I failed roadside test for cannabis.. was taken to police station and provided bloods.. fully coperative.

This morning I got my summons and apparently my blood test says I had precisely 2 micrograms of drug per liter of blood.. [no decimals] which as I understand it - is the legal limit.. so stricly speaking not exceeded or above the limit [?]

I've read somewhere that blood.. "..will be analysed anywhere from 3 to 8 times. Once these results are generated, a mean average result will be calculated.."

..if this is correct then this would mean there's a very good chance at least one analisis returned a result where I would be under the limit.. and in the case of drink driving the court would use the lowest result not average.

is it worth me pursuing this avenue of enquiry? I assume I'd be contesting the SFR1 but from what I've read I have 14 days to do that and yet I've never seen\been offered it.. I'm up in court in 10 days.. any help appreciated.

 

[Martin Hammond]

Good afternoon,

Its a well thought out argument but I do not believe you would be successful.

The charge for drugs is usually 'not less than [amount]', so it is unlikely that one of the samples is under. Also, just because there is the recommendation that they would charge you with the lowest alcohol breath reading, there is no such rule in drugs cases.

There may be other defences but I would not risk losing your credit for that one.

Kind regards
Martin.