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Son involved id RTA.

fozzman

New member
Hi,my son was involved in an accident(not his fault). as he was sat in his mangled car dazed and cofused,some of his mates pulled up and one of them gave him a spliff to smoke to settle him down ( he can't remember if he smoked it in the car or outside). Anyway,the police turned up about an hour later and gave him a swab test which he naturally failed and took him off for a blood test( which will probably fail also). Do you think he has anything to worry about re driving ban etc ? His car and his person were searched and nothing found. Do the police have to prove (beyond reasonable doubt) that he was driving under the influence ?
 

Martin Hammond

Solicitor
Good morning,

Unfortunately If it comes back that the drug in his system he will be treated like he was under the influence at the time of the accident and would certainly receive a driving ban and potentially more depending on how serious the accident was.

That said he can defend himself but the burden will be on him to prove that he was not under the influence at the time of driving. You will certainly need a lawyer if you are to be successful as this will be a complex case.

I suggest you wait to see if he is charged and from there start to consider a defence. Obviously the evidence of his friend is going to be crucial.

Kind regards
Martin.
 

fozzman

New member
Thank you for your reply Martin. If it cannot be proved that he smoked before the accident, will he still definately get the ban or will he get the ban and further repercussions depend on evidence of others.
Thank you for for your help.
Kind regards
Karen
 
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