Drug Driving Defences (Video)


Marcus discusses drug driving defences in our latest video. 

Drug Driving Defences

You may be reading this because you, or a loved one, has been suspected (or even charged) with drug driving. Driving whilst over the prescribed limit is a serious motoring offence that carries a minimum 12 month driving ban. The law was introduced on the 2nd March 2015 following a lengthily consultation process. The legislation sets legal limits for certain drugs - both prescription and none prescription.

If you have been charged it is important that you contact us immediately. We may be able to negotiate with the CPS before the first court hearing. All our initial advice is completely free of charge.

Drug driving legal limits include;

There are three drug driving defences that we regularly use to win cases and avoid convictions. Avoiding a conviction is critically important for the people that we represent, many of whom rely on their driving licences for work. A criminal conviction doesn't just impact you; it impacts the people around you. Remember there is 'no such thing' as mitigation in drug driving cases - the court must impose a 12 month ban. You can read more about the sentencing guidelines here

DUI convictions will show on a DBS check. This, of course, is a problem as many employers now routinely carry out DBS checks on employees (both new and existing).

The three best drug driving defences

We go into a lot more detail about drug driving defences on our dedicated defence page, but let's summarise them here. If there is anything you wish to discuss, please get in touch on 01514228020

The first - and arguably one of the most effective drug driving defences - is procedure. But what do we mean by procedure? Well, it all starts with the MGDDB document and the statutory requirements laid down by the legislation. In particular, the Road Traffic Act 1988. This 25-page booklet pops up a lot on this website. It contains the procedure a police officer should following when requesting a sample of blood from a suspect in police custody. It's a step by step guide. An official blank copy of the MGDDB can be found here. If the MGDDB document is incorrectly completed - or not completed at all - you will probably win your case. Below is a section from one of our booklets:

"Remember that the CPS must prove a case ‘beyond reasonable doubt’. In other words, if there is a reasonable doubt as to the evidence against you, you must be acquitted. Imagine if you were one of the magistrates deciding my client’s case. What would you decide?

Note that there were other major problems for the police and CPS with this case. I have written about them separately as they are important issues in their own right. One concerns the legal meaning of ‘provision’ of a urine specimen. Another relates to the lawfulness of urine specimens being taken a few minutes apart. Please refer to my website for more details or contact me by email and I will be pleased to email you a copy. All in all, this case was an example of a total cock-up by the police, and, in my view, a further cock-up by the CPS for even prosecuting it! I hope this case illustrates to you the importance of properly checking the evidence against you. But remember, you need to use a solicitor that specialises in drink driving cases. If you would like any further information please do not hesitate to contact us."

The second most commonly used and highly effective defence is Part 19. Part 19 (of the Criminal Procedure Rules) lays down the ground-rules for expert evidence. You might wonder what expert evidence has to do with your drug driving case. Well, let me tell you, expert evidence has everything to do with your drug driving case. You can read more about Part 19 and expert evidence in your drug driving case below.

Expert evidence drug driving

Under Part 19 CPR, the prosecution must disclosure any evidence relating to your blood result 'as soon as possible'. In many cases, this evidence is not disclosed until much later in the case, sometimes days before a trial. This enables the defence to apply to exclude the evidence prior to the trial date.

- Conor Johnstone, Solicitor


MAJ Law is the UK's only family run motoring defence specialists. In 2020, we were ranked by Plimsol as the fastest growing driving defence firm in the UK. We offer free initial and non-judgemental advice to anyone who needs it. You can call our team on 01514228020 or fill out the contact form below. You can also 'meet the team' on our team page