Crime Solicitors

Cases of drug driving have risen dramatically in some parts of the UK with some areas having more motorists caught in a single month than they had in 12 months four years ago.

Statistics released by Norfolk and Suffolk Roads Policing Team shows that 68 motorists had specimens of blood analysed after being arrested under suspicion of drug driving in January alone. This is significantly higher than the mere 35 drivers that were arrested during the whole of 2013/14.

It is unclear whether the increase in the number charged is as a result of more people committing the offence or a greater clamp down by various constabularies across the UK.

Sergeant Christopher Harris said:

“It’s massive. It’s just shocking really. It’s just shocking that people are willing to risk their lives and the lives of others on the roads.”

The figures from 2013/14 were up from 2009/10 when just 11 motorists were caught drug driving. This came before the introduction of the new drug driving laws. Motorists were previously dealt with under the legislation for “driving whilst unfit through drink or drugs”. The new legislation brought the provisions more closely in line with those for drink drivers and made it an offence to drive with certain legal or illegal drugs above a prescribed limit regardless of whether or not your driving was affected, which was a major change from the previous legislation.

The Drug Driving legislation came into force in March 2015 and it has made it easier for police to deal with motorists suspected of driving whilst under the influence of drugs. Under the old provisions the officer would be expected to conduct impairment tests with the motorist at the roadside in order to gauge their ability to drive. The Prosecution would have to prove that the motorist was not only impaired but that the impairment was caused by drugs or alcohol and this was often a link they found troublesome to create. The new law allows officers to do a roadside test similar to the breathalyser before making an arrest to take a blood sample. There is no longer any requirement for impairment to be proved, just that the level of drug exceeded the prescribed limit, which makes it a more streamlined process.

Norfolk and Suffolk’s statistics show that 1,011 motorists failed the roadside drug test in the past 10 months and went on to have samples of blood analysed.

Since the drug driving legislation was introduced there was a renewed effort from the police to raise awareness of the offence and its consequences so the fact that the number of instances is rising will no doubt pose serious concerns. If campaigns do not work to dissuade drug drivers then what will and how do the police tackle it?

It may be that more severe penalties need to be brought in as a deterrent but there is a balance of proportionality that must be struck as the penalty needs to fit the severity of the crime. If the current penalty is not severe enough to discourage motorists from committing the offence, and marketing campaigns are not proving effective, how can we decrease the number of offences being committed?

Drug Driving Lawyer, Neil Sargeant’s view

I have spoken to hundreds of clients over the years that have been charged with either driving whilst unfit or drug driving and almost all of them share a similar mind-set in that they never expected to get stopped. If the seemingly low prospect of getting caught is what encourages motorists to take the risk then it could be that the following questions need to be addressed:

1. Is there a sufficient police presence on the roads? Are our police visible enough to would-be perpetrators?
2. Is the penalty severe enough?

In respect of point 2, offenders must be weighing up the severity of the penalty against the chances of being caught and considering it a worthy risk. Incidentally, almost all of my clients depend on their licence in some way or another and are willing to pay to save it, so this would suggest they really do not think they are going to get caught at the time of the offence.

The other possibility is the affect that drugs have on one’s judgement may lead to perpetrators taking that risk on the road. It is no secret that various drugs cloud a person’s judgement as well as creating an exaggerating sense of confidence and invincibility that could lead to them taking risks.

Alternatively, it may be that drugs have become easier to obtain and more ingrained in today’s social culture and some may see drugs as a less expensive substitute for alcohol.

To effectively tackle this issue of rising drug drivers there needs to be an understanding of exactly why the number of offenders is increasing. Campaigns have been used for years but it seems apparent that the “shock value” they focus on is simply not working.

Author Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. He has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretch across road traffic law, but are is most extensive in:

• Drink Driving (with breath, blood or urine samples);
• Drug Driving;
• Failing to provide a specimen for analysis whether this be breath, blood or urine;
• Being drunk in charge of a vehicle;
• Any type of road traffic case that involves a procedure conducted at hospital;
• Dangerous & Careless driving; and
• Cases involving a fatality.

For specialist advice please call our Road Traffic specialist Neil Sargeant on 02031141145 or email him on neils@duncanlewis.com.

Duncan Lewis Motor Law Solicitors

Recognised by the independent directory Chambers & Partners as a top tier criminal defence practice, Duncan Lewis’ Crime department has a wide selection of services with a highly skilled team of solicitors. Our services include Motoring Law, with particular expertise in drug and alcohol-related motoring offences. We can provide free and comprehensive legal advice on any motoring prosecution, regardless of the allegations.

It is crucial that you seek legal advice immediately, as an early opinion in your case can make a significant difference to the end result. Duncan Lewis Solicitors can be on hand to deal with whatever motoring law issue you may have.