Drug driving

Convicted Driver Insurance

charlie256

New Member
Hi I know this is a drink driving forum but I think in regards to my question it would be quite similar.

I was parked next to a shortcut to my home about 2 mins away. I was smoking cannabis when a police car drove by. I immediately threw the joint away and about 10 seconds later the officer turned around and came up to me. I knew he could smell the cannabis so I admitted I had been smoking.

The keys were in the ignition and were turned so that there was power and the headlights were on but the engine was off.

He did a roadside swab test, it was positive then was taken to the station for a blood test.

When asked before we left the scene I said I was going to walk home.


A few months later I get a letter saying I am being charged with driving while on drugs. However I did not drive. the charge should be being in charge of a motor vehicle while on drugs.

I cannot afford a lawyer and my hearing is tomorrow.

Just wondering what the best course of action is. I don't see how I can be charged with driving if i did not drive?

I was planning on walking home I just did not want to smoke outside my apartment.
 
Speak to the prosecutor when you arrive at court. Say you are intending to plead not guilty to drug driving but are prepared to plead guilty ‘to in charge’ , he / she will probably accept that and ask for the charge to be amended when your case is called.
 
Speak to the prosecutor when you arrive at court. Say you are intending to plead not guilty to drug driving but are prepared to plead guilty ‘to in charge’ , he / she will probably accept that and ask for the charge to be amended when your case is called.
Thanks for your reply.
I presume you mean I should speak to the prosecutor before the hearing starts? How do I find them?

Also I was hoping to try get the magistrates to accept that I was not planning on driving that night so I do not actually want to plead guilty to "in charge" even though I know my chances are not particularly high.
 
You not persuade the magistrates to find you not guilty tomorrow.
It is open to you to plead Not guilty and it will be adjourned for a trial.
the defence would be that there is no likelihood of you driving whilst still over the legal limit. This is fairly straightforward for drink driving because there is a resonably easy method of working out when the alcohol would have left your body, but because you are charged with a drug offence, and you had just smoked a joint, it is quite possible that your reading could be over for anything up to 24 hours. Can you satisfy the magistrates that you were not going to drive for that period of time?
if you admit to ‘in charge’ and say you did not intend driving that night then the magistrates might well go for 10 points rather than a ban, but that would be your best outcome,
 
Thanks fro your advice, much appreciated!

I understand. So if they do change it to 'in charge' I will then have a trial at a later date which will give me time to get a solicitor.

Can I change to guilty plea in between the hearing and the trial if I think I cannot afford a solicitor and will not succeed on my own?
 
You not persuade the magistrates to find you not guilty tomorrow.
It is open to you to plead Not guilty and it will be adjourned for a trial.
the defence would be that there is no likelihood of you driving whilst still over the legal limit. This is fairly straightforward for drink driving because there is a resonably easy method of working out when the alcohol would have left your body, but because you are charged with a drug offence, and you had just smoked a joint, it is quite possible that your reading could be over for anything up to 24 hours. Can you satisfy the magistrates that you were not going to drive for that period of time?
if you admit to ‘in charge’ and say you did not intend driving that night then the magistrates might well go for 10 points rather than a ban, but that would be your best outcome,
What was your blood reading ace
 
You would have to plead not guilty to drug driving, and the case will be adjourned.
I would expect the prosecution to later change the charge to ‘in charge’. There is no point in approaching the prosecutor to change the charge which you are then going to deny anyway so ignore my previous advice.
By pleading not guilty you will put the prosecution costs (if convicted) from £85 for the guilty plea to £640. You will also lose the 1/3rd discount on the fine part of your punishment that is given for an early guilty plea.
 
A decent drug drive solicitor will start at £3-4,000. If you think you cannot afford that then cut your losses with a quick guilty plea tomorrow to in charge if you can get it changed.
 
A decent drug drive solicitor will start at £3-4,000. If you think you cannot afford that then cut your losses with a quick guilty plea tomorrow to in charge if you can get it changed.

I see. I'm probably being too optimistic hoping I can represent myself well enough to not be found guilty.

Will I have the option after pleading not guilty to change the plea to guilty and therefore avoid the £640 or once I plead not guilty I am going to be paying £640 guaranteed.


My main issue is that I left it too late and the solicitor I was in touch with didn't give me much confidence. I may be in a position to afford a lawyer in a month or 2. However if I am not able to afford one I would want to change to guilty and avoid the £640 fee
 
I see. I'm probably being too optimistic hoping I can represent myself well enough to not be found guilty.

Will I have the option after pleading not guilty to change the plea to guilty and therefore avoid the £640 or once I plead not guilty I am going to be paying £640 guaranteed.


My main issue is that I left it too late and the solicitor I was in touch with didn't give me much confidence. I may be in a position to afford a lawyer in a month or 2. However if I am not able to afford one I would want to change to guilty and avoid the £640 fee
hi ace i got caught in oct 2018 for drug driving,i was banged to rights,but i wont go into that,i pleaded not guilty at my first court hearing and paid a solicitor over 7 grand to defend in at trial,they painted a very rosy picture and i was desperate.it went to trial and they advised me to plead guilty what a waste of time and money,my reading was 5.4 for thc.you will be done for driving or being in charge.there is no harm in pleading not guilty at the first hearing what are you being charged with driving or in charge............
 
hi ace i got caught in oct 2018 for drug driving,i was banged to rights,but i wont go into that,i pleaded not guilty at my first court hearing and paid a solicitor over 7 grand to defend in at trial,they painted a very rosy picture and i was desperate.it went to trial and they advised me to plead guilty what a waste of time and money,my reading was 5.4 for thc.you will be done for driving or being in charge.there is no harm in pleading not guilty at the first hearing what are you being charged with driving or in charge............
sorry i see youve been charged with driving,if you plead guilty am guessing you will get 12 to 15 month ban and a small fine,if you plead not guilty it goes to trial and the lab toxocologists turn up with all sort of data,readings etc which shows your usage,times readings etc you will proberley get a dg10 on you licence and a criminal record to boot.
 
I see. I'm probably being too optimistic hoping I can represent myself well enough to not be found guilty.

Will I have the option after pleading not guilty to change the plea to guilty and therefore avoid the £640 or once I plead not guilty I am going to be paying £640 guaranteed.


My main issue is that I left it too late and the solicitor I was in touch with didn't give me much confidence. I may be in a position to afford a lawyer in a month or 2. However if I am not able to afford one I would want to change to guilty and avoid the £640 fee

You might get away with changing your plea after a week or two, by notifying the prosecution, but after that they will have spent money on investigating further and they will want an increased fee, you will also lose the early discount on the fine.
whay evidence would you be able to produce to satisfy the court that you would not drive for anything up to 24 hours? You would be asked about where it is parked and if there are restrictions, work the next day etc....... they would not just say “well if you say you wouldn’t drive then we will let you off....”
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top