Under the Influence of drugs

[Mr Worried]

Hi everyone, I've been charged with driving unfit through drugs (prescription). The police found me after an accident with a broken back and in shock. They put this down to being unfit as I wasn't making much sense.
I wasn't over any limits and was fine before the accident. The only evidence is the blood test. My question is do many people fight this charge or do most just accept the ban. If everyone who had prescription drugs in their system were banned there be 1000's of people banned instantly. Thanks in advance.

[HandyAndy]

For driving through unfit, limits are not relevant. Instead the police must prove that, at the time you were driving, you were unfit to do so.

So how did they establish you were unfit to drive as a result of drugs?

[Mr Worried]

Thanks for the reply. After an accident I had broken my back and in shock. The police said I was not making any sense which I'll admit I wasn't but I was over whelmed when I was surrounded by 4 officers. I was fine before the accident.

[islandgirl]

What did the blood tests come back with exactly?

[Mr Worried]

Diazepam and tramadol but under the legal limit.

[Mr Worried]

I don't trust the blood sample but it was around 500 quid to have it tested myself.

[HandyAndy]

As I said, if you have been charged with “driving whilst unfit”, the police must prove you were unfit whilst you were driving.

I should think that most people, having been involved in an accident in which they suffered a broken back, would not be entirely coherent. But the issue is not what your condition was like afterwards, but what it was like before the incident. Have you been served with the evidence the police intend to rely on to convict you?

To be honest this is a serious charge which, if you are convicted, will result in a minimum 12 month disqualification. It will also adversely influence your insurance position for some years to come.

As the offence can carry a custodial sentence you will be entitled to the services of the duty solicitor on your first appearance only in court. This may help you determine your plea. However, if you intend to defend the charge (i.e. plead not guilty and face a trial) I believe you should seek the services of a specialist traffic solicitor.

[Mr Worried]

I've had no evidence given to me regarding my behavior before the incident. The police in interview just had pictures of the car in the field and showed me nothing else. Before the crash I met up with a client for him to sign an invoice. I rang him after the accident and he said "you fine when I saw you".

[Mr Worried]

Oh I have also asked for the bodycam footage and instructed a solicitor who deals with many driving offences. Thanks for the replies.

[Mr Worried]

I really don't know what to plead, anymore advice would be welcome.

[islandgirl]

Your solicitor is the best person to give you advice on your plea as they will have all the detail and evidence.

[Mr Worried]

Thanks everyone I'll just wait and see