Like alcohol, taking cannabis can make you feel drowsy. And if you get behind the wheel with marijuana in your system, you’re putting lives at risk, including your own.

With that in mind, if you have been caught driving with cannabis in your system, this article explains the penalties you’ll face, how long it stays in your system and the possible defences you can make to contest your drug driving charge.

What are the penalties for drug driving?

If you are stopped by the police and convicted of drug driving, you could receive a:

• Driving ban of between one and three years
• Fine of up to £5000
• Community service sentence
• Prison sentence

And the drug driving offence will appear on your licence for up to eleven years, which will significantly increase your car insurance costs.

Can I get insurance if I’m convicted of drug driving?

In short: Yes.

But you are likely to face increased charges for the time the conviction remains of your licence, which, as mentioned above, is eleven years.

Several insurers specialise in insuring drivers convicted of drug driving, one of them being The Insurance Factory.

How long does cannabis stay in your system?

Cannabis can stay in your blood for up to seven days, which means you could still test positive up to a week after using it.

How long does cannabis stay in urine?

While cannabis can show up in your blood for up to seven days, it can stay in your urine for up to two months.

How to pass a police saliva drug test?

While we cannot condone trying to bypass any drug tests, oral swabs are the least likely to show that you have cannabis in your system. To pass a saliva drug test, you must not have taken cannabis up to 24-hours before you are tested.

So, if you are stopped and tested two days after your last cannabis use, you are unlikely to return a positive saliva test.

The easiest way to pass a police saliva test is to either use CBD oil, as this gives you the same feeling as cannabis but with none of the typical after-effects of marijuana. Or to not take cannabis and drive at all.

How to get off a drug driving charge.

If you’re caught drug driving, you must take legal advice from a road offence specialist solicitor.

Why?

Because you need to build a strong defence before going to court, something you may not be able to do if you represent yourself. So, what needs to happen for you to stand a chance of having your drug driving charges discontinued?

For that to happen, you need to investigate the police process and prove one or several of the following:

• The prosecution is unable to prove you were driving
• You consumed the drugs after driving
• Police failed to obtain any evidence you were driving
• You have a witness or witnesses who can confirm you weren’t driving
• Police didn’t follow the correct procedures when they took your blood or urine sample
• Police didn’t give you part of your blood sample for you to have independently tested
• Police didn’t follow procedure when taking your sample to the hospital
• Your blood or urine analysis wasn’t done properly

Failure to follow any of the above guidelines can lead to incorrect or tainted results and is one of the most common reasons for having your drug driving charge quashed.

What if I’m guilty of drug driving?

Even if you’re guilty of drug driving, you have the right to plead not guilty.

This is because even if you had cannabis in your system, you have a right to challenge the allegations and check the evidence against you. And while this is ongoing, you can continue driving until your Court date.

Not only that, but you also get to see and hear the whole case that the Crown Prosecution Service (CPS) has against you, including:

• Witness statements
• Police procedure during the arrest
• The MGDD document (The forms used by the police during drug-driving arrests, which contain procedures they have to follow and the questions they have to ask)

Only by checking the evidence against you can you find fault with it to mount a strong defence. And even if any of the above isn’t helpful to your defence, you can put forward arguments to help you receive a lesser punishment.

Get advice from a motoring offence specialist

Whether you’re guilty of drug driving or have grounds for appeal, Keep My Driving Licence will defend you. We will evaluate your case and explain:

• Drug driving loopholes
• Possible faults with police procedure
• How to identify a defence
• What to do next

We have vast experience defending clients accused of being caught with cannabis in their systems and have a huge success rate. So, make sure you get the right advice and support to help you achieve the best possible outcome from your case.

Caught driving with cannabis in your system?

Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

What is the totting up ban?

The totting up ban is when you commit more than one driving offence within three years. When this happens, the penalty points you receive for each violation are accumulated. And should you accrue twelve points within this time, you will face a driving disqualification for a minimum period of six months.

This accrual of points is otherwise known as ‘totting up’.

How long does a totting up ban stay on your driving licence?

Should you be found guilty of totting up points and receive a ban, it will stay on your driving licence for four years.

Exceptional hardship to avoid a driving disqualification.

To do this, you must prove, on the balance of probabilities, that a ban would result in one or more of the following:

• A loss of career
• A loss of a career that is vital to the health and safety of others
• Financial hardship
• A threat to the employment and job security of others (your employees)
• A restriction on your mobility if you have severe health problems
• A restriction on commuting, like being unable to work due to lack or improper access or service of public transport

How long does a driving ban affect insurance?

If you’re disqualified from driving, you must inform your insurance company right away as you no longer hold a valid licence and are in breach of contract. And it can affect what you pay for a minimum of five years as this is usually the period of time an insurer will ask you about.

Driving without insurance is not an option. If you do, and you are caught, you could face a maximum fine of £5000, 6 points on your licence or a driving ban.

Why legal advice is essential.

Your best chance of avoiding a totting up ban is speaking to a road offence specialist, like us, Keep My Driving Licence.

Why?

Because our solicitors have a vast amount of experience of representing clients accused of road traffic offences. Not only will they review your case, but they will also give you the best representation possible.

Need advice from a motoring offence specialist?

If you’ve totted up 12 points or more, it’s not the end of the road. You may have grounds for exceptional hardship and Keep My Driving Licence can defend you.

Get the legal support you deserve.

Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

Can you go to prison for drink driving?

The short answer to this is: Yes.

But the severity of your sentence will vary, depending on the circumstances of your case.

The different types of drink driving punishments include:

Driving the vehicle while under the influence

Should you start the car and drive, the punishment is much more severe.

For this, you may receive:

• 6-months in prison
• An unlimited fine
• A minimum 12-month driving ban (rising to three years if convicted twice in ten years)

Refusing to provide a breath, blood or urine sample

If you are arrested for drink driving and refuse to provide a specimen.

For this, you may receive:

• • 6-months in prison
  • An unlimited fine
  • A minimum 12-month driving ban (rising to three years if convicted twice of a similar drink driving or drug driving related offence in ten years)

Causing death by driving while under the influence

As you would expect, the punishment for this is the most severe.

For this, you may receive:

• 14-years in prison
• An unlimited fine
• A minimum 2-year driving ban

You may also need to attend a Drink-drive Rehabilitation Scheme (DDRS) to sit an extended driving test before your licence is returned.

How does the court decide how much my fine will be?

Fines are split into six salary-based sentencing bands, which are:

1. Band A: 50% of relevant weekly income (between 25 – 75% of relevant weekly income)
2. Band B: 100% of relevant weekly income (between 75 – 125% of relevant weekly income)
3. Band C: 150% of relevant weekly income (between 125 – 175% of relevant weekly income)
4. Band D: 250% of relevant weekly income (between 200 – 300% of relevant weekly income)
5. Band E: 400% of relevant weekly income (between 300 – 500% of relevant weekly income)
6. Band F: 600% of relevant weekly income (between 500 – 700% of relevant weekly income)

These bands are designed to make the fining system fair for low-income people compared to high-earners.

The more you earn, the larger your fine is likely to be.

What are the risks of appealing a drink driving prosecution?

Depending on the severity of the case, the Crown Court has the power to either uphold the current penalty or even increase it – which means you could end up with a larger fine or sentence.

If I appeal, what could happen in court?

If you appeal, aggravating and mitigating factors will be taken into account when the judge passes sentence:

Aggravating Factors

If you’ve received similar convictions in the past, like:

• Driving with excess alcohol or;
• Drug driving or;
• Failure to provide a specimen

The more likely you are to receive a severe punishment, like an unlimited fine or imprisonment.

Other aggravating factors can include:

• Committing the offence while carrying passengers
• Becoming involved in an accident
• Committing the offence while on bail
• Causing injury to others
• Evidence of unacceptable standards of driving
• Committing the offence during poor road, visibility or weather conditions
• Committing the offence within the vicinity of high levels of traffic or pedestrians

Mitigating Factors

Mitigating factors are when you accept that you’re guilty, but there are mitigating circumstances you feel the court needs to be made aware of. If the court is convinced mitigating factors should be considered, you may receive unpaid community service in place of a prison sentence.

To stand any chance of winning a mitigating factors plea, we strongly recommend that you employ the services of a lawyer who specialises in road offences.

Why legal advice is essential.

The best chance of winning a road offence lawsuit. Or receiving a lesser punishment is by employing a specialist solicitor’s services, like Keep My Driving Licence.

Our solicitors will review your case and give you the best representation possible.

Need advice from a motoring offence specialist?

If you’ve received a drink driving ban, fine or sentence, it’s not the end of the road. You may have grounds for appeal, and Keep My Driving Licence would like to defend you.

Not only do we look into the facts of your case, but we also explain every possible outcome and will support you when you need it most.

Get the legal support you deserve. Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.