Cannabis Drug Driving Solicitors
Have you been charged with drug driving where police positively test for cannabis use?
Speak to Neil or Gillian
0800 433 2880
Cannabis Use and Drug Driving: Latest Statistics, Legislation, and Tips for Avoiding a Conviction
Drug driving is a serious offence that can result in serious consequences, including hefty fines, license disqualification, and even imprisonment. One of the most commonly detected drugs in drug driving cases is cannabis. Cannabis is a psychoactive drug that affects the brain and can impair driving ability. In this essay, we will explore the latest statistics and legislation on cannabis use and drug driving, and provide tips on how to avoid a drug driving conviction.
Statistics on Cannabis Use and Drug Driving
According to a survey conducted by the Department for Transport in 2019, 2.4% of drivers reported using cannabis in the past year, and 14% of those who admitted to drug driving tested positive for cannabis. In 2020, there were 1,005 drug driving arrests in London alone, with cannabis being the most commonly detected drug, accounting for 74% of all drug driving arrests. The statistics clearly indicate that cannabis use is a significant contributor to drug driving cases.
Legislation on Cannabis Use and Drug Driving
Under the Road Traffic Act 1988, it is an offence to drive while under the influence of drugs, including cannabis. The police can carry out roadside drug tests using handheld devices to detect drugs in a driver’s saliva. If the test is positive, the driver may be required to take a blood or urine test at a police station to determine the level of drugs in their system. The limits for drugs in the blood are set by law, and if the driver exceeds these limits, they can be charged with drug driving.
Tips for Avoiding a Drug Driving Conviction
If you use cannabis and need to drive, there are steps you can take to avoid a drug driving conviction. Here are some tips:
Don’t use cannabis before driving: The simplest way to avoid a drug driving conviction is to avoid using cannabis before driving. Cannabis can impair driving ability and can stay in your system for several hours, so it is best to wait until the effects have worn off before driving.
Plan ahead: If you know you are going to use cannabis, plan ahead and arrange alternative transport. It is never worth risking a drug driving conviction, so make sure you have a backup plan.
Get legal advice: If you have been charged with drug driving, it is essential to seek legal advice from a specialist drug driving solicitor. They can provide expert advice on the legal process and represent you effectively in court.
Understand the law: Make sure you understand the law on drug driving and the penalties for a conviction. This will help you to make informed decisions and avoid breaking the law.
Challenge the evidence: If you have been charged with drug driving, you may be able to challenge the evidence against you. A specialist drug driving solicitor can help you identify any weaknesses in the case and mount a strong defence.
Cannabis use is a significant contributor to drug driving cases, and the penalties for a conviction are severe. To avoid a drug driving conviction, it is essential to avoid using cannabis before driving, plan ahead, get legal advice, understand the law, and challenge the evidence. By following these tips, you can reduce the risk of a drug driving conviction and stay safe on the roads.
Frequently Asked Questions Motor Offences involving Cannabis use
Cannabis can come in various forms, including:
- Marijuana: The most common form of cannabis, which is made from the dried leaves, flowers, and stems of the cannabis plant. It is typically smoked, but can also be consumed in edibles or vaped.
- Hashish: A concentrated form of cannabis that is made from the resin of the cannabis plant. It can be smoked, vaped, or consumed in edibles.
- Cannabis oil: A liquid extract of cannabis that is often used for medical purposes. It can be consumed orally, added to food or drink, or used in vaporizers.
- Tinctures: A liquid extract of cannabis that is typically consumed orally, by placing a few drops under the tongue.
- Topicals: Cannabis-infused creams, lotions, and balms that are applied directly to the skin for localized pain relief.
There are many slang words for cannabis also some of which include: Weed, Pot, Marijuana, Mary Jane, Herb, Grass, Reefer, Ganja, Chronic, Skunk, Dope, Bud, Sticky icky, Hash, Hashish, Kief, Wax, Shatter, Oil, Concentrate.
In terms of the duration of the effects, the method of consumption can have an impact. Smoking or vaping cannabis can produce effects that wear off relatively quickly, typically within a few hours. Edibles, on the other hand, can take longer to take effect and may produce more intense and longer-lasting effects, lasting several hours or even up to a day.
It’s important to note that the duration of the effects can also depend on the potency of the cannabis, as well as individual factors such as metabolism and tolerance. If you are planning to drive, it’s important to be aware of the potential effects of the specific form of cannabis you have consumed and ensure that you are not impaired before getting behind the wheel.
In the UK, it is illegal to drive with certain drugs, including cannabis, in your system above specified limits. The limit for cannabis is set at 2 micrograms of THC (the psychoactive component of cannabis) per litre of blood. It’s important to note that this limit is not a measure of impairment and that the effects of cannabis can vary widely depending on factors such as the individual’s tolerance, the potency of the cannabis, and how it was consumed.
If you are caught driving with cannabis in your system above the legal limit or if you are suspected of driving under the influence of drugs, you may face severe penalties, including a minimum 12-month driving ban, a criminal record, a fine of up to £5,000, up to 6 months in prison, and an endorsement on your driving license for 11 years.
It’s always best to avoid driving after using any substances that may impair your ability to drive safely, including cannabis. If you do use cannabis, it’s important to wait until the effects have worn off before getting behind the wheel.
The effects of cannabis can vary widely depending on factors such as the individual’s tolerance, the potency of the cannabis, and how it was consumed. However, generally, the effects of cannabis can last for several hours, and it can take several more hours for it to fully leave the system. It is not possible to give a specific time frame as it can vary depending on these factors.
In the UK, it is illegal to drive with certain drugs, including cannabis, in your system above specified limits. The limit for cannabis is set at 2 micrograms of THC (the psychoactive component of cannabis) per litre of blood. It is always best to avoid driving after using any substances that may impair your ability to drive safely, including cannabis.
If you are unsure whether it is safe to drive after using cannabis, it is best to err on the side of caution and wait until the effects have worn off completely. The safest course of action is to arrange alternative transport or to wait until you are sure that you are no longer impaired before driving.
The police can test for cannabis in several ways. The most common method is a roadside drug test, also known as a drugalyser test. This involves taking a saliva sample using a swab, which is then analysed using a handheld device. The device tests for the presence of THC, the psychoactive component of cannabis, and can give a result in a matter of minutes.
If the roadside drug test shows positive for cannabis, the police may then take a blood or urine sample for further analysis. The sample is sent to a laboratory, where it is analysed to determine the level of THC in the bloodstream. The results of this analysis can be used as evidence in court.
It’s important to note that the accuracy of drug testing devices can vary depending on the device used and how the test is conducted. While the devices used by the police are designed to be reliable and accurate, they are not infallible. False positives can occur, for example, if the device is not used correctly or if there are issues with the testing process.
If you have been charged with drug driving, it’s important to seek legal advice as soon as possible to understand your options and ensure the best possible outcome. A motoring solicitor can review the evidence against you and challenge the accuracy of any drug test results if necessary.
torist can face, and it is every motorist’s worst nightmare for a death to arise from their driving. Depending on the circumstances, a motorist can be charged with dangerous or careless driving, death by dangerous or careless driving or death by driving whilst unlicensed, uninsured or whilst using a mobile telephone. The potential penalty for some offences under the bracket can be life imprisonment so it is of the utmost importance you speak to a specialist dangerous driving lawyer as a matter of urgency. Not only can the advice you receive drastically affect the result of the case, we have no doubt that you will feel better and reassured once you know more about the position you are in.
If you are using medical cannabis, you may still be charged with drug driving in the UK if you are found to be driving while impaired. While the use of medical cannabis is legal under certain circumstances, it is still illegal to drive while impaired by drugs, including prescription drugs.
If you are using medical cannabis, it’s important to be aware of the potential effects on your ability to drive safely. Cannabis can impair your judgement, reaction time, and coordination, which can increase the risk of accidents while driving. If you are using medical cannabis, it’s important to follow the advice of your healthcare provider and ensure that you do not drive while impaired.
If you are charged with drug driving while using medical cannabis, it’s important to seek legal advice from a motoring solicitor as soon as possible. A solicitor can review the evidence against you and help you understand your options for defending the charges. They can also help you to present any medical evidence to the court in support of your case.
It is possible to get off a cannabis drug driving charge in the UK, but it depends on the circumstances of your case. The outcome will depend on the strength of the evidence against you, the quality of your defence, and other factors.
To defend against a cannabis drug driving charge, it’s important to seek legal advice from a motoring solicitor as soon as possible. A solicitor can review the evidence against you and help you understand your options for defending the charges. They can also help you to build a strong defence, challenge the accuracy of any drug tests, and negotiate with the prosecution on your behalf.
Some possible defences to a cannabis drug driving charge include:
- Challenging the reliability of the drug test: The accuracy of drug tests can vary, and it’s possible to challenge the results if there are issues with the testing procedure or if the test was not conducted correctly.
- Arguing that the cannabis was consumed legally: If you are using medical cannabis or if you consumed cannabis legally in another jurisdiction, you may be able to argue that you did not know you were breaking the law.
- Questioning the impairment: The prosecution must prove that you were impaired by the cannabis at the time of driving. If you can demonstrate that you were not impaired, you may be able to defend against the charge.
It’s important to note that the specific defences available to you will depend on the circumstances of your case. If you are facing a cannabis drug driving charge, it’s important to seek legal advice as soon as possible to understand your options and ensure the best possible outcome.
If you have been charged with drug driving using cannabis, a motoring solicitor can help you in a number of ways to potentially keep your license and be found not guilty. Here are some ways a solicitor can help:
- Review the evidence: A motoring solicitor will review the evidence against you to determine if the police have followed proper procedures and if there are any weaknesses in the case. They will also assess if the evidence against you is sufficient to secure a conviction.
- Challenge the evidence: If the evidence against you is weak, a solicitor can challenge it in court. This could involve disputing the reliability of a drug test or challenging the way the test was conducted. They can also challenge the police’s interpretation of the results.
- Build a strong defence: A solicitor can help you build a strong defence by obtaining witness statements, medical records, and other evidence to support your case. They can also cross-examine witnesses and challenge their evidence.
- Negotiate with the prosecution: In some cases, a solicitor can negotiate with the prosecution to reduce the charges or penalties against you. This could involve negotiating for a lesser charge or seeking a reduction in the length of your driving ban.
- Represent you in court: A motoring solicitor can represent you in court, presenting your case to the judge and arguing on your behalf.
It’s important to note that the specific actions a solicitor will take will depend on the circumstances of your case. If you have been charged with drug driving, it’s important to seek legal advice as soon as possible to understand your options and ensure the best possible outcome.
