Drug and Motoring Offences
Being accused of any motoring offence can be extremely worrying and stressful. However, our solicitors can assist you with advice and support every step of the way.
Please note: we deal exclusively with private clients and do not accept instructions from legal aid for any department. One of the first questions we will ask you is if you have considered or tried legal aid options before working with us. If you’re not sure what this means or what you’re entitled to, get in touch and we can advise.
Our solicitors are available 24 hours a day and can be by your side representing you and your case.
There is a wide range of offences that come under driving.
An offence could be anything from failing to produce a copy of your driving licence and documents, to cases involving the death of another person. A conviction can include more than one offence.
Driving offences include:
- Dangerous driving
- Careless or inconsiderate driving
- Driving offences involving death
- Driving without a valid licence, tax and/or insurance
- Driving under the influence of drink or drugs
- Failure to provide a specimen
- Speeding offences
- Driving using a mobile phone
- Failure to provide documents
If convicted of a motoring offence by the court, you will have a criminal record. This criminal record will normally be spent after five years. After it’s spent, you do not have to declare it for insurance and employment purposes. Drink and drug driving will, however, stay on your driving licence for a much longer period.
Current drug driving penalties include:
- Any motorist found guilty of drug driving can expect to lose their driving licence for at least one year. This may even be longer if the driver is above the legal limit for more than one substance.
- Fine – The Magistrates’ Court is not limited by an upper cap on fines that may be imposed relating to drug driving. All circumstances are taken into consideration – including the severity of the offence and the motorist’s personal circumstances.
- Prison Sentence – A sentence of up to six months may be given to drivers convicted of drug driving offences. All drug driving convictions are looked at on an individual basis.
- Criminal Record – Depending on the job role, employers may need to perform enhanced checks as part of the interview process meaning that the applicant is required to disclose information regarding any convictions.
Your questions answered
If you agree that you committed the offence and that you will be disqualified, then you may wish to plead guilty. This will keep legal costs and fines to a minimum, and your driving ban will start as soon as possible.
However, if you are in doubt about the accusation and procedures and if you want to investigate possible defences before losing your driving licence, it would be worth considering a not guilty plea and instructing a solicitor.
Drug driving doesn’t just mean the use of illegal drugs., It is also illegal to drive after taking some prescription and over the counter drugs. Taking even a very small amount of an illegal drug could put you over the limit.
Issues associated with drug driving offences include:
- Employment – a job applicant will be required to produce their licence details for any roles that require the employee to operate any kind of vehicle. If an applicant has previously been convicted of a drug-driving offence, the employer may well not take the application for work any further.
- Insurance Premiums – being convicted of a drug-driving offence, a driving ban will probably be enforced. After the ban is spent obtaining car insurance could well prove very costly and difficult.
- International Travel – Many countries are against issuing travel visas to those with either spent or unspent convictions regarding drug use.
Appointing a solicitor will ensure that your rights are properly protected before and when you attend Court so that you receive the best possible outcome from your conviction.
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