Driving Under The Influence Of Drugs

Question:

Two and a half years ago I had a nervous breakdown which the Doctors suggested be treated with medication.

I had a road accident; the other party became rather nasty at the time so I called the police.

The police breathalysed me (negative) helped me push the car home and let me go (this virtually happened on my own doorstep).

About 10 minutes later, they came and knocked on my door and asked if I was taking any medication, I told them I was and showed them the Medication. I was arrested, taken to a police station in NW London, breathalysed again (negative) and shoved in a cell.

I was then interviewed by the arresting officers with the FME who decided I was under the influence of drugs. I was bailed to return some 6 weeks later when the results had come back and charged with driving whilst under the influence of drugs.

I remember being in a persistent state of shock after the accident but remember them helping me to move the car and the fact that they had breathalysed me twice at the roadside and again at the station.

However, they said nothing of a conversation that they had had with a neighbour who ‘thought’ I might be taking drugs.

The accident had scared me badly and I became to scared to drive so I surrendered my license myself the following day.

I was bailed to appear in court and as I sat at the back of the courtroom, the CPS handed me their evidence exactly 30 seconds before I was called to appear. I didn’t have time to read any of it, I was banned for 12 months and fined £195.

Some months later I actually read the evidence and discovered the conversation that the police had had with a neighbour. The Principal arresting officer stated that my eyes were glazed and that’s why he’d arrested me.

If the above was the case, why did the police allow me to go home in the first place, why didn’t they arrest me as soon as they had reasonable grounds (i.e. immediately) and I don’t even recall exactly what I did once I got into my home except that I went to bed in shock.

I eventually re-applied for my licence. When it arrived, the Counterpart showed that I had been charged with code DR20 (Drink Driving) and Zero Penalty points.

They didn’t seem to care whether I was still on medication or whether I was fit to drive.

Where do I stand legally having this on my license ? I still have the evidential breathalyser reading slip showing that I had 0 alcohol in me.

Dominic Says:

I have sympathy with the fact that you were not represented at the time.

Your case is very complicated and it’s not the sort of complex advice that I am able to offer through this free advice service. I would have to look at all the paperwork and go through the evidence in detail in order to be able to assess this for you. If I was to do that I would have to charge you a fee.

I don’t think it would be worth you paying that fee because the arguments are now all academic in light of the passage of time and the fact that the ban has now been served in any event.