Drug Driving – Not Always Guilty!


There are few means of challenging a drug driving prosecution yet Declan Gallagher, our Head of Crime & Motoring, recently secured an interesting acquittal.

The defence was one of post-driving consumption.

Our argument was that, unlike drink driving, where drugs have been ingested before and after driving it is not possible to determine the level of drugs at the time of driving.

The Magistrates were satisfied on the balance of probabilities (i.e. that it was more likely than not) that drugs had been consumed after driving.

It was then for the prosecution to show beyond reasonable doubt that our client, Mr D, had been driving with drugs in his system beyond the specified limit.

Scientifically this could not be done and he was acquitted.

Mr D was extremely pleased to have been found not guilty, to have preserved his licence and to have held onto his livelihood.

In this case we were greatly assisted by forensic scientist Richard Brown of Keith Borer Consultants.

Our fixed fee initial consultation is an ideal way to discuss the specifics of your situation and to find out where you stand and what your options are.

If you face prosecution in these or similar circumstances, we are specialist motoring and criminal defence solicitors and here to help on 01284 701131.