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Drug driving defences

There are limited grounds for medical defence if a motorist is caught driving with these substances in their system if their driving was severely impaired. However, there is a medical defence available for people taking controlled drugs for medical reasons if their driving was not impaired. A medical defence for drug driving can be used as long as:

  • The drugs were prescribed, supplied, or sold to treat a valid medical or dental problem and…
  • The drug was taken correctly following directions of a medical professional or in accordance with the information from the drugs manufacturer.

So if you find yourself in the unfortunate position of needing a specialist drug driving defence, call us now on 0161 839 5117 for our Manchester office or 0207 903 5144 for our London office and speak to one of our expert drug driving solicitors.

Spiked drug driving defence

It may be possible to mount a defence for a drug driving charge if you took controlled drugs without your knowledge by being spiked or laced. In order to take this line of defence a defendant would need to prove:

  • That they would have been fit to drive and below any drink or drug drive limit if they had not been spiked or laced.
  • They had no knowledge that they were spiked or believed their ability to drive was impaired.

It will be decided by a court if the defendant is to receive any penalty for an offence if they take the spiked defence.

Emergencies

It is possible for a defendant to resist a drug drive charge by claiming emergency circumstances. Their ability to do so would depend on:

  • The circumstances of the emergency
  • Whether there were alternative transport options
  • The distance that was driven

If you have been charged with a drug driving offence under any circumstances and would like to discuss your defence options contact us and one of our expert motoring solicitors for the best legal advice and guidance.

Medical defence

There are a number of controlled drugs which are used in medicine and which if taken could impair driving ability such as:

Cannabis (THC)
Cocaine
Morphine
Diamorphine
Methadone
Ketamine
Amphetamine
Flunitazepam
Clonazepam
Diazepam
Lorazepam
Oxazepam
Temazepam