It is a statutory crime if a person is driving any types of the vehicle under the influence of unlawful drugs in the UK; the person is prosecuted under the drug driving offence. In the legal terms, when a person is driving any vehicle and has consumed drugs that are forbidden by the court of the law, he is guilty of the offence called drug driving and the charges can be applied to him/her. This offence comes under the UK road traffic act 1988. Today there a lot of solicitors dealing with such cases, many of them are listed on the Solicitors.Guru platform.
Currently, there are 16 drugs that are listed in the Drug Driving Regulations 2014 with specified levels. The levels are suggested by the experts who have considered many factors like accidental exposure.
When a driver is under the influence of drugs and driving any motor vehicle, but has shunned trial to prove any harm caused by him it comes under the section 4 as per the RTA 1988. However, in the UK laws, Drug Driving is not included in the list of crimes that fall into the unpardonable offence and if the police charge a person with this offence, they will be able to test only for three prescribed drugs.
The procedure for the police is simple: they will conduct a drug identifying test, which is a similar procedure like alcohol identification test. If the results of the test are affirmative, the suspect can be arrested by the police. The police will start gathering evidence under the section 4. In fact, this is a moment when you can ask a solicitor for legal help. And for your information, there are law expert working for payments from success deals, so you can read more details in no win no fee special law issue.
A suspect will be requested to give their blood sample for the further test and if he does not comply with the request, he will be charged with a category that identifies as fails to offer blood sample. However, in the case of a genuine reason given by the suspect for not comply with the blood sample, you cannot charge a section 5A. However, the police will keep trying gathering evidence. Both the offences should be investigated separately. British police are trained for the same.
Both the acts are different and should be treated differently. If the drug limit is exceeded, the s5A of the RTA will be charged (driving under the influence of unlawful drugs with excessive perimeter). In case the drug limit is not excessive, the police will charge under the provisions of s4 of the RTA (ride whilst consuming drugs).
If we talk about the statutory defense for a rider, the crime permits it in case the driver is under the influence of the drug that was prescribed by someone and the rider has followed the genuine advice of a person who has prescribed the drug. If the defense succeeds to prove any evidence for the same, in this scenario, the court has to believe that the defense is satisfied.
The Forensic Science Regulator (FSR) and accredited Forensic Science Providers (FSPs) have developed a standard approach together to measure the reports and how the uncertainty in the measurements should be accounted.
Also, there are many drug driving forms available that are amended and given to the police forces. Police personnel is trained for the same.