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Forum
Started Dec 19 2012, 23:52
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Dec 19 2012, 23:52
IDMU has been providing expert evidence since 1999 on drug-driving cases involving cannabis, amphetamines, cocaine, ecstasy, opiates and benzodiazepines. We are aware that many solicitors do not encounter such cases on a regular basis, and would offer the following advice to all solicitors dealing with such matters in the UK.
The law prohibits driving and other driving-related activities if the person in charge of the vehicle is ‘unfit through drink or drugs’, the definition of unfit is that his or her ability to drive ‘properly’ is impaired. It is not a traffic offence simply to be under the influence of drugs, nor is there currently any drug-driving ‘legal limit’ such as with alcohol.
Driving Behaviour – Was the defendant arrested following an accident, moving traffic offence or erratic driving behaviour? Could unfitness at the time be implied by the driving behaviour? In such cases the evidence of lay or police witnesses as to the driver’s behaviour may be adduced.
In other cases drug-driving charges are brought ‘opportunistically’ as a result of drugs being found in the vehicle, the vehicle smelling e.g. of cannabis, or admissions as to drug use by the defendant during questioning.
ID#12637690
Nikita c Nike
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