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I can't recommend Alex Rostron at The Motoring Lawyers highly enough. From start to finish, he provided exceptional legal support, and thanks to his expertise, I was fully acquitted of... read more

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30 October 2024

After an accumulation of driving offences, it seemed inevitable my license would be suspended. Being a self employed builder this would have had an enormous negative impact on my business,... read more

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26 June 2024

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Facing a Drug Driving Charge?

A positive sample does not equate to guilt. As your legal team we will undertake a comprehensive review no matter the circumstances of your case. You have the right to challenge the charges against you and the evidence. We at The Motoring Lawyers will listen to your account and determine whether you have a defence in law by considering:

  • The lawfulness of the arrest
  • Whether the roadside test (or impairment test) was correctly administered
  • Procedural errors and omissions
  • Issues of consent for blood
  • Continuity issues with sample, and correct handling and preservation
  • Instructing experts to test the reliability of the samples and to consider the accuracy and compliance of the testing used by the police
  • Medical exemptions and defences
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The blood sample will provide details of the exact concentration of drug within your body and a reading as to whether you are above or below the legal limit for drug driving.

The police must have complied with a very strict regime set out in statute to ensure that the procedure is in fact admissible. We can of course advise you if the procedure has been complied with in your case.

We will look at all aspects of your case including the circumstances of the stop and the arrest, the roadside drug testing, and in particular the procedure at the police station and ill ensure you get the right advice for your case.

Drug Driving law

On the 2nd March 2015 drug driving legislation came into force under Section 5A of the Road Traffic Act 1988.

The statute made it illegal to drive or be in charge of a motor vehicle having taken a specified controlled drug, the concentration of which is above the legal prescribed limit in blood.

The police can stop you at the roadside if they have reasonable suspicion that you have been drug driving. They can then conduct either a drug wipe of your cheek or an assessment test (similar to a sobriety test) to help them determine the likelihood of you driving after drugs above the prescribed limit. They must complete either one or the other in accordance with the rules for each, and can only request a blood test if they do so correctly.

They may undertake a drug wipe/saliva test using their roadside device to provide them with an indication as to whether you are above the legal limit for cannabis or cocaine. Regardless of the outcome of this, if the officers believe that you may have been drug driving you may be arrested and conveyed to the police station for the purpose of providing a blood sample.  If the drug wipe is negative however they must conduct an impairment test and a medical professional must conclude that a persons condition is due to “some drug” in your system before they can request a blood sample.

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Drug Driving law

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On the 2nd March 2015 drug driving legislation came into force under Section 5A of the Road Traffic Act 1988.

The statute made it illegal to drive or be in charge of a motor vehicle having taken a specified controlled drug, the concentration of which is above the legal prescribed limit in blood.

The police can stop you at the roadside if they have reasonable suspicion that you have been drug driving. They can then conduct either a drug wipe of your cheek or an assessment test (similar to a sobriety test) to help them determine the likelihood of you driving after drugs above the prescribed limit. They must complete either one or the other in accordance with the rules for each, and can only request a blood test if they do so correctly.

They may undertake a drug wipe/saliva test using their roadside device to provide them with an indication as to whether you are above the legal limit for cannabis or cocaine. Regardless of the outcome of this, if the officers believe that you may have been drug driving you may be arrested and conveyed to the police station for the purpose of providing a blood sample.  If the drug wipe is negative however they must conduct an impairment test and a medical professional must conclude that a persons condition is due to “some drug” in your system before they can request a blood sample.

The blood sample will provide details of the exact concentration of drug within your body and a reading as to whether you are above or below the legal limit for drug driving.

The police must have complied with a very strict regime set out in statute to ensure that the procedure is in fact admissible. We can of course advise you if the procedure has been complied with in your case.

We will look at all aspects of your case including the circumstances of the stop and the arrest, the roadside drug testing, and in particular the procedure at the police station and ill ensure you get the right advice for your case.

Call US
Get your Free initial consultation

Specialist Drug Driving Offence Lawyer

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HOW CAN THE MOTORING LAWYERS HELP YOU?

At The Motoring Lawyers we let our reputation and experience speak for itself. 

Mr Bakhat has 30 years' experience as a qualified solicitor. Mr Rostron, a qualified solicitor and Higher Court Advocate has 20 years' experience. 

We aim to provide a premier service and distinguish ourselves from the competition. Our team comprises experienced solicitors who are specialists in their fields. We guarantee that only qualified solicitors will advise you and represent you in court. This approach ensures that you receive the highest quality legal advice and the best possible outcome for your case with your dedicated solicitor providing continuous support. 

We take the time to listen to your concerns, answer your questions and allay your fears.   

We believe in fairness and transparency. Our pricing structure is clear and reasonable, with no hidden fees. We provide detailed information about our costs upfront, so you know exactly what to expect and can plan accordingly. 

Thank you for considering The Motoring Lawyers as your legal advisors. We are here to provide the expert support you deserve. If you have any questions or need assistance, please do not hesitate to contact us. We look forward to helping you meet your legal challenges and requirements. 

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