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Drug Driving

    You were a total professional from beginning to end. Your advice was invaluable as was your presence in court. Many thanks for all your hard work.

    Client testimonial about Michael Gibson - Motoring and Crime

    First class service all round thank you

    Client testimonial about Michael Gibson - Motoring & Crime

    Thank you for all your help with the exceptional hardship hearing. Whilst I am sure you have many far more serious cases to deal with, I found you and everyone at David Gray to be friendly, helpful, efficient and professional which all went to produce a successful outcome.

    Client testimonial about Brian Hegarty - Motoring

    I just wanted to say a heart felt thank you for your skill, professionalism and expertise yesterday. You achieved an outcome I did not even think possible.

    Client testimonial about Janice Hall - Crime & Motoring

    Just a short note to say thanks again for your firms professional representation in this matter. I wouldn't hesitate in recommending David Gray Solicitors.

    Client testimonial about Michael Gibson - Crime

    Just wanted to say thank you for all your support today, you really put us at ease and explained the process clearly.  You were very professional and I think you managed to get the best outcome from this situation.

    Client testimonial about Sophie Allinson - Motoring & Crime

    I was handled very well by Michael, I had no idea how any of it was going to run & you did what seemed to me an excellent job of explaining everything and helping me get everything ready for today. Michael was great and put me at ease over the phone and today at court. As he said to me afterwards I got pretty much the best possible outcome from a bad situation. So thanks again to you both.

    Client testimonial about Michael Gibson - Motoring

    Thank you for looking after my case so well yesterday. It was immediately reassuring that you understood my particular situation so well and I was impressed with the assured way you facilitated getting the key points across in court. I am of course delighted with the outcome.

    Client testimonial about Sophie Allinson - Motoring

    Please accept my sincere gratitude for your exemplary representation today, I'm eternally grateful.

    Client testimonial about Sophie Allinson - Motoring

    Just a small note to thank you for your expertise and special thank to Mr. Gibson for representing me in court regarding of a motor propelled vehicle. The out come was more than satisfactory as was able to maintain my licence due to his professional skills.

    Client testimonial about Michael Gibson

    Very good news and relief all round. Big thanks to... Mr Gibson for your fantastic communication throughout.

    Client testimonial about Michael Gibson - Motoring & Crime

    We are most indebted to you for the invaluable service, advice and guidance that you gave us and most of all your commitment.

    Client testimonial about Michael Gibson - Crime

Our lawyers are experts in road traffic and motoring offences. We are based in Newcastle upon Tyne and South Shields, and offer representation throughout the North East. Our solicitors have many years’ experience and are best ranked in the North East.

Drug Driving Law

A new drug driving law came into force on 2 March 2015 making it easier for the Police to convict those driving under the influence of drugs. Prior to this, the Prosecution were required to prove that driving was impaired due to the presence of drugs. This was difficult for the Prosecution to prove and resulted in a high level of acquittals. In accordance with the new law, the Prosecution are only required to establish that a driver has in their system one of the 17 controlled drugs above a specified limit, removing the requirement to prove that driving was impaired.

The 17 controlled drugs are: –

  1. Benzoylecgonine
  2. Cocaine
  3. Delta-9-tetrahydrocannabinol (cannabis)
  4. Ketamine
  5. Lysergic acid diethylamide
  6. Methylamphetamine
  7. Methylenedioxymethamphetamine (MDMA)
  8. 6-monoacetylmorphine (heroin)
  9. Clonazepam
  10. Diazepam
  11. Flunitrazepam
  12. Lorazepam
  13. Methadone
  14. Morphine e.g. codeine, tramadol or fentanyl
  15. Oxazepam
  16. Temazepam
  17. Amphetamine e.g. dexamphetamine or selegiline

If the Police suspect you of drug driving they can use a roadside drug kit to test for cannabis or cocaine.  Alternatively, you may be arrested and required to provide a blood sample.

Drug Driving Defences

Unlike alcohol, the prescribed limit varies depending on the type of drug in your system. It is therefore extremely important that you obtain legal advice prior to being interviewed by the Police to establish at the earliest opportunity whether you have a defence available to you.

We will assess the reliability of any specimens taken by the Police and review your case for any procedural difficulties as this may give you a defence.

You may also have a defence to drug driving if you are above the limit but have taken prescribed medication in accordance with the advice of your doctor or patient information leaflet, provided that your driving has not been impaired.

You may be able to argue special reasons, e.g. if your drink had been spiked or you drove a short distance in the case of an emergency. If successful, you could avoid any disqualification from driving although you would still be guilty of the offence as drug driving is one of strict liability.

You should, therefore, seek legal advice as soon as possible to assess whether any of these defences are available to you.

Drug Driving Penalties

The penalties for drug driving are similar to that for drink driving. There is a minimum 12-month disqualification from driving and an unlimited fine. You may even receive up to 6 months in custody. Further, if you are convicted of drug driving, you will receive a criminal record and an endorsement on your driving licence showing the conviction for 11 years. Additional implications of being convicted of drug driving are that your insurance premiums will increase, a conviction will show on any DBS check for employment purposes and it could affect entry to some countries such as Australia and the USA.

Drivers Beware – The penalty for causing death by careless driving under the influence of drugs is a prison sentence of up to 14 years.

Drug Driving Solicitor Fees

In accordance with rules published by the SRA, as of December 2018, all firms offering this type of work must publish details of prices and personnel undertaking the work.  Please see our dedicated fees page for more information.

We understand the importance of your driving licence – whether you wish to challenge the drug driving charge or reduce the punishment imposed, contact us for further advice now.

David Gray is based in Newcastle upon Tyne and South Shields, and offer representation throughout the North East. Our solicitors have many years’ experience and are best ranked in the North East.

Contact Us

You can reach us by calling 0191 232 9547 or emailing us. For out of hours emergency advice please call 07764 929 487.

Alternatively, you can book an appointment and visit us at one of our North East offices:

NEWCASTLE:
56 Westgate Road, Newcastle Upon Tyne, NE1 5XU

SOUTH SHIELDS:
142 Fowler Street, South Shields, Tyne & Wear, NE33 1PZ

The team specialising in this area of work

  • Solicitor
  • Solicitor
  • Solicitor
  • Legal Assistant
  • Legal Assistant