Defend a THC Drug Driving Charge
Вставка
- Опубліковано 26 лис 2024
- M.A.J Law are specialist motoring defence solicitors (nationwide)
Call: 01514228020
Visit: www.majlaw.co.uk...
Email: conor@majlaw.co.uk
Charged with Drug Driving in THC (Cannabis)? Want to avoid a disqualification? Our senior solicitor Conor Johnstone discusses technical defences used by M.A.J Law to win drug driving cases.
The funniest thing about all of it is the fact they have put a legal limit on an illegal drug
@@MattEssex33 at least you have cleared this up. I'll be driving soon and i know people who smoke so was worried about secondhand inhalation.
@@shadzgamer1116 I failed like this. You cant be around it full stop. Wash ur mouth all the time to pass the rd side.
@@onblastonblast7769 carry a small mouth wash, when they pull you quickly rinse ur mouth and ur clear. Worked 3 times.
@@extremefightersclub are you talking about your own personal experience? And how will this affect a regular user?
@@dusty28 I smoke 4 grams a day and I’ve got away with using mouth wash when they’re about to swab you mate
Seems like the law is unfair then
Not from UK but I was interested in this topic and this video was very good...I feel these laws are not fair
putting responsible cannabis consumers, who never drive impaired, off the road will v. noticeably hit economy of this country. no joke. also these ultra-low limits for cannabis are totally against science and any common sense. it’s time to legalise it.
I agree I only smoke on a night failed following day around lunch time on way back from work. Not impared at all. Nothing in the vehicle got pulled for no tax. failed the swab and now awaiting results. Will result in me loosing my house as I'm the only income for me my partner and my little girl, will loose my job as I'm a trade worker and my apprentice will loose his job also. The government will loose £200 a week in tax from me and put me on benefits. This witch hunt for users has gone too far.
I remember my friend smoking the night before as he was struggling to sleep. We got pulled over the next day and guess what happened?? on my life, the test gadget said he was sober.
Sounds like it depends how big you roll ur spliff
cuz test is a joke , I smoked a fat boot 1 hour before and passed xD dumb piggies
@@2552legoboy My pre-bed mamp came up surprisingly "quick" on the blotter.
I geuss having a sip of alcohol is preferable u say you had a drink get breathalysed and pass with a low score and be on your way although you might be slightly crossfaded if you choose to smoke as well
I am prescribed medical cannabis in the UK. I have the documents and prescŕiption to prove it. Can I still drive?
very informative video. i could do with speaking to you, i just refused a roadside drug test on medicinal grounds, spent a night in the cells and got NFA on driving charges, because said i was happy to be seen by a doctor to see if i am under the influence of drugs., which the form actually takes you to, once you refuse a roadside, and blood test. Im not sure if people are aware of this. I also had a similar experience last year, that went to court but iI didnt get banned. I just want to help people who are being banned while completely fine to drive.
@Jakez journal i think once you started to play their game your in trouble. Twice now ive refused the swab test on the grounds its not a fair or competent test, then refuse the blood test because i refuse to be assulted . by them, but i tell them whats better than that, is to be seen by a doctor, which they dont tel you, but the form allows you too. And as long as you not all over the place, youll pass the test with the doctor, she only checks eyes blood pressure and talks to you etc.
@@DONPTV did you refuse a road side test on medical grounds or because the test isnt 'fair' ? And what form are you talking about after refusing a test ? I was under the impression that if you refuse the blood test then you will automatically be charged with failing to provide a sample ???? Not sent to a doctor
@@joeshell2466 Na i refused the test because said i use cannabis medicinally, the form actually has a bit that tells you you are allowed to be seen by a doctor. Ive done this twice now. They have tried referring me to the DVLA and i had to fill a form out but Ive heard nothing back from them. The police literally had the form sending them round in circles then you are allowed to be seen by a doctor to see wether you are under the influence of drug, just a quick test it was.Eyes, blood pressure etc.
@Jakez journal Aldi car park is probable private land mate they can't do you on private land
@@SaxoEnergy they can if they deem it to be a public place private land or not
Was in my friends house the night before and i had a couple of puffs 15 hour later i had to drive home in an emergency i got stopped by police and there was half a joint under passenger seat that didnt belong to me i was swabbed Nd the test came back 2.7 now I’ve got court next month is that alot am worried am gonna loose my license as i am a full time carer for my brother who need mobility? Thanks
How long did it take after being stopped to getting your court date?
thats aids , I wouldn't go court and pretend it never happened xD
keep living your life stress free g
*40,000 times lower not 400,000. There are 1000 micrograms in one milligram (80 / 2) = 40 x 1000 = 40,000
Looks like I'm screwed then. I hadn't smoked for over 15 hours, was swab tested, failed. I was driving safely, just a routine stop.
What was the cause of the swab did you look high or car smell?
@@bobbygarrels1214 Nope. Not at all. My driving was perfect.
@@bobbygarrels1214 ps. I was arrested for growing weed, about a month before.
ian gillon yh maybe that was part of it
@@bobbygarrels1214 Definitely mate
In Australia they use the police lab not an independent lab.
What if you have a uk medical cannabis prescription?
So what if someone reports you drug driving and your get a high limit back on your results I mean how can u defend your usage and how that person knew you had consumed because they reported you 30days ago so no what???
The difference in the limit for cocaine is similar just shows what drugs the "lawmakers " prefer.
So basically u can't smoke weed if u drive?
yup
@@buoazej why has that got anything to do yes beinghigh at the wheel wrong but not just medicating in spare time
I have a court hearing next month for having been under the influence of canabis however i had only had 2 cones spun with tobacco because it was my friend's shout for picking him up and dropping him home. I was almost home when i got pulled over at the wrong time. I went through a roadside drug test (which came back positive) and a second drug test at the police station where of course it came back positive. I wasn't very stoned and i had been driving fine while stoned before in fact even better while im stoned because it relaxes my driving jitters. Anyway i found the test to be so unfair because i know i didn't smoke as much and i had just been to my dad's funeral that day which is why i was desperate for a smoke to help me sleep. The cops who pulled me over absolutely abused me and i tried to tell them my side of the story but a criminal offense is a criminal offense no matter what lead you to their reason for detaining you. Now I'm stressed out even more and i don't know how to defend myself in court! Which is my first time. I wish canabis was legalised here because it's the only thing cheap and easy to get to help with my anxiety and sleep🥲
That’s unfortunate man. Wish u the best of luck.
What happened!
Also would love an update. 6 months on from being stoped&given blood. Received letter on 17th stating I’m released from police bail but under investigation, how long did your letter take for court date?
I have not received a SFR1 my trail is next week what should I do
Hi. If the Crown hasn't served the SFR1 it should not be in a position to proceed to trial. By law, the Crown must comply with its statutory disclosure obligations prior to trial. It must also ensure that you have sufficient time to prepare the case prior to trial. Disclosure is a fundamental part of a fair trial process.
I would usually write to the CPS to ask about the outstanding disclosure. You have a duty under the CPR to do this. If there's no response and the matter proceeds to trial, I would force the CPS to make an application to adjourn (on the basis that it cannot proceed). I would then object to the Crown's application and force them to offer no evidence. We often refer to this as a 'Part 19 application'. We've had some fantastic results recently. If you'd like to discuss the case, please call me for free advice on 01514228020. Thanks. Conor.
How did you get on bro? In a similar situation myself
I have just not long ago been stopped and failing drug test for thc , I was with my brother earlier that day prior to the stop who had been smoking , couple Month later a letter through the post saying my blood shows 2.4 ug/L , eny help would be greatly appreciated thankyou 🙏
Keep a small bag with 1g of weed in your car at all times. If you're pulled over by the police: Stop your car, turn off the engine, take that 1g of weed and make sure they see you put it in your mouth and swallow it. You can now claim that the result of your test is from the weed they saw you swallow *after* your engine was turned off. They have no way of proving what your THC levels were before you swallowed that 1g so you can no longer be convicted of a drug driving offence. You can still be charged with possession and consumption of that 1g, but the penalty will be negligible (most likely a warning) and it won't cost you a 12 month driving ban.
You're welcome
Or just don't drive high?
@@Bex978 Sounds like you didn't watch the vid.... the whole point of it is that tiny trace amounts will still put you well over the limit even if it's no where near enough for you to be high.
How long does it take to get clear from smoking
Don't know for blood but it took me 3 months to get a clean urine test
@@archiebf4524 thanks for the reply
what if you stick to the other laws like speed limit you not all over the road taxed insured licence a cop pulls you and you dont hesitate to pull over safely and stop for the cop and you cooperate can we still go to prison for that? seems abit harsh if so
The police can only swab you at the roadside with 'reasonable cause or suspicion'. For example, if the police stop you and smell cannabis they can swab you (even if your driving was normal). If you're convicted of the offence you could go to prison. Prison is, of course, always unlikely in traffic-offence cases, but not impossible. I will be uploading a video on prison sentences in drink and drug driving cases shortly.
I've got a dvla urine test coming up soon can you tell me what the cut off point is for the dvla medical for thc & how long I should be off cannabis to pass my urine test I'll have been off cannabis 71 days on the day of my test will I be ok
Hi Mark. Cannabis remains detectable in urine for many weeks due to the long-excretion half-life of THC. That said, 71 days should give the cannabis sufficient time to leave your system. Any problems with the DVLA, you're welcome to get in touch on 01514228020. You do have the right to appeal a decision made by the DVLA.
I dont do drugs and THC was found in me. I dont know how that happen 😕 can someone help me please
Cbd oils can put you over the limit , apart from that if your in a mates house and there smoking it you can be over the limit by passive smoking.
Iv smoked cannabis for 15years... last year the police waited in the my close... due to the bitch that lived under me and knowing i smoke cannabis called the police to inform them i smoke weed when drive my car... the model of car i own is a peugeot 106 quicksliver gti 16v fitted with kent cams i fitted the gti engine myself it can be used on race tracks now... my first car was a 205 gti 1.9 at the age of 17 i passed my driving test first time with 2 miners, i smoked cannabis on my test... iv smoked weed for years its not easy to quit as would feel like need to speed on public roads to get back to have a joint... weed dont effect my ability to drive a car ar the uk speed limits... iv drove in Germany at high speed iv in been on a cash course won races at tracks in the past.... my dad worked as a police dog man who took me out on night shifts showing me how to drive safe n fast but i only drove quick at race track in cars... iv also been into cars! i just fear once my bans up i get stopped again.... i love driving and feel very advanced now drove for 17years its old people that are danger... anyway the police waited for me to get back and pulled me so watch me drive off got back blues n two's took me hq for blood sample in court my drug charge delta 9 was like .2 over the limit had good job at the time were needed my car to get to work... ended up with years ban!!! i dont drink acohol just smoked two joints a day for my back pain it crazy law!!! was working paying my tax now no car no job had to go into benfits fir one joint... what a scam for police to abuse there powers with drug testing kits... other drugs i can see why but weed dont effect your motor functions... can drive in a straight line balance on one leg i even skateboard in can land tricks while on weed! for a long term cannabis smoker the test should be more fair!!!
I have just received a summons to court but no sfr1? Is this normal? I’m thinking of pleading not guilty as when the police arrived at the scene of a very minor accident I didn’t have my keys with me the occupants of the other car had hold of them… also it took the police about 15 minutes to arrive on scene but maybe I smoked a chipped out joint that was in my car in those 15 minutes while waiting for the police to arrive ? Where would I stand if I made this statement? Also My blood reading has come back as 2.7
Hi Jake. It is normal to receive a summons without the SFR1. The Police very rarely include it because they underestimate its importance. If the SFR1 is not provided during the case, you cannot be convicted. The forensic reports in your case are arguably more important because the THC level is low. Make you sure check whether the one-third deduction has been made for normal analytical variation.
If the Police did not witness you driving the vehicle they may struggle to prove it. Even if they can, you may have consumed cannabis after driving. Either way you have a defence. Feel free to call me to discuss further. The best number is 01514228020.
Imagine smoking a spliff knowing the police are en route . Legend, also thanks for the reply maj law
How long did it take for them to take your blood, waiting for my blood test to come back took about 2 hours before they could take a sample from time of smoking. If yours was 2.7 just after smoking you reckon a couple hours will make it lower
I didn’t actually smoke while waiting but was over the limit from a joint few hours before hand. Hard to say if you’ll be over or not mate tbh. Though I will say if police don’t charge you 6 months from when they took your bloods then you’ll be fine ! Bus case
I have been released under investigation after being arrested for drug driving they took my blood and told me I will receive the results with in six weeks time..it has been over six months I haven't received any letter or communication from the police. What will happen?
Praying it gets thrown out
Did you receive anything yet
What happened did you get a summons
fuck all mate its a joke
Well done you.🎉
But a night in the cells.😱
I'm surprised they didn't charge you.
They usually come up with something, to justify the arrest.
Isn't refusing, a charge in itself?
Or is there a loophole? A reason why you say you won't do it?
Smoked everyday for 18 years got pulled over today and failed my test I hadnt smoked and my last spliff was the night before I had to take a blood test I’m guessing Iv failed and lost my lisence n job 🙄
@@rambo6281 mate whats the update
Ayman Kampoori still waiting for results I🙏 still hoping the virus has caused issues with testing
Rambo I’m exactly in the same position as you 🤕 got pulled over on the 21st of March and awaiting results f
TheCrazyglue62 i still haven’t heard anything back 🙏 I was hoping they wouldn’t be checking blood as it could be contaminated with covid ,gotta keep positive man keep me updated on what happens
Fire Mixtape Noway keep positive man , all sports drug testing company’s are not testing blood until this corona is over so let’s hope these blood testing companies are the same as they are private companies and not the police, there is always hope that you may not hear anything again , the police guy did say to me he had pulled people over who were smoking at the time and they past the blood test ,any day now I’m expecting my letter with a court date , it’s not end of world bro if worst was to happen because you don’t have to resit you’re test or anything you just get your lisence back a year later, it hasn’t deterred me from smoking though as I don’t want me losing my lisence to be the reason to quit something I enjoy , don’t let it bring you down it may not happen specially with this corona the back log must be huge , keep positive and calm about it man , keep me posted how you get on 🤜
What do you guys think, I got pulled over 3 days after using cocaine, and 24 hours after using marijuana, they done a swab and it took 6 minutes for cocaine to come up and cannabis weirdly wasn’t detected on the swab I was taken to the station for a blood test, im worried they’ll take my license even though I was perfectly fine cognitively, passed the breathalyser aswell
Typically I rarely ever smoke weed and happened to get pulled the day after using it
Any updates on your case, I’m 6 months in still under investigation!
an invalid law.
Got randomly pulled and drug tested cuz my car smelt of weed n did a swab n failed so took me to station for samples made me spend night in cells then let me go and drive home then 15 hours later the same guy pulled me again and I failed again and had to do more bloods so waiting for the results actually flapping it that I’m gna lose my license I only passed on 3rd Jan I swear down if I end up coming back under I’m gna stop smoking weed
Praying for you brother💯. That’s so unlucky.
@@Dr.CagnusMarlsen My g nice one bro and trust heavy as init dodgy coppers lad jus gotta pray I buss case n it comes back below limit on both
@@walshy4788any news?
@@walshy4788soo any update yet bro I’m in similar condition
@@walshy4788how did it go bro
If you think about it, it's an illegal drug which shouldn't have any limit. The only reason the limit is there is due to your body producing a tiny amount of THC naturally.
I swear on my life I’m not lying I’m a heavy smoker for 6 years got caught in 2020 6 months later i went to the station they told me I’m under the limt then again on 2021 February got a letter no further action 3 months later,
I thought I was going to loose my license the first time
Maybe it don’t show up in my blood cos I’m skinny plus they don’t tell me the blood level I was
So this happened twice?
@@judd9241 yeah twice first time 10min after 2 joints
@Kamal that's a proper head blag that pal 🙈well I got stopped in November but still heared nothing usually a heavy smoker but at the time I was abit unwell so hardly touched it still the swab was positive and the police was abit odd in my opinion...never searched my car for anything
Omg really
@@Kamal-vi2mc didn't they manage to get the 2 vials of blood?
subbed...i see, you also see how flawed and how unfair these tests are.
I hadn't smoked for 3 hours before the stopping was swab tested and failed
First-time smoker 😮
Did you have to attend court? If so, how long did it take for your court date prior to being pulled over?
use a strong mouthwash & tounge scaper before driving.......
Is this how the other half of any and Dec got away with his drink driving and drug crash
Money making scam and unfair 😒
good luck my bros
My g
Can anyone tell me if you are likely to be over the THC level by secondhand smoke?
Hi Shadz. It is highly unlikely that anyone would produce a result higher than 2ug/L through second hand smoke inhalation.
@@m.a.j.lawltd1851 thanks for your reply. I'll be driving soon and it was stressing me out a bit.
@@shadzgamer1116 what happened
@@Youremywifenkwdave nothing's happened, i was just worried about secondhand smoke and whether you are likely to be over the THC level from that lol.
@@shadzgamer1116 ohh. So u wasnt tested for drugs at the roadside?
What if you take legal cbd oil with 0.2% thc and you fail
Not sure this is genuine but...
ua-cam.com/video/Nln5j4PgrV0/v-deo.html
That wil never happen ever CBD Is diff to thc
Thank you so much
😀 you guys appear to be on the ball !
I hope I never need you.🤞😃
Ive been caught twice now, Ive only had my license back 4mths and now I’m gonna lose for it a 3year ban ffs if over the limit this time! which I will be even tho both times I didn’t smoke for hours before and certainly wasn’t stoned. The law is a joke which isn’t backed up with science like the rest of drugs bcos of the half life of thc. Basically if you’re a regular user you’ll be over the limit regardless so the only way to beat the police/test is not a solicitor I tried tht first time!!! YOU MUST DELIBERATELY CONSUME CANNABIS IN FRONT OF THE POLCE OFFICER AFTER BEING PULLED OVER! And the next time it happens to me personally this is what I’ll be doing 💯 💯 STEP1. Always ave a pre rolled j in the car! STEP2.get out of the vehicle! STEP3.throw your keys as far as you can/ drop em down a drain! (cos the police arent going to let you walk away from the car far enough for it to be classed as not in control of the vehicle if you leave the keys in the car) STEP4. Spark 🔥the pre rolled joint as soon as you’ve threw the keys, you only need a puff but more the better b4 the👮♂️takes it off you. It’s basically the hip flask defence used for drink driving cases which isn’t normally done deliberate but drug driving it must be done deliberate to void the tests. Bcos You can’t beat the blood test, you can’t refuse the blood test without punishment, you can only make the results of the blood test pointless!
I wish I did this 😭
Great information. Does this still apply if you have a legal medical prescription.
@@Forest_Ry yeh doesn’t matter if you’re allowed to smoke bud for medical reasons the drug driving limit of 2ug applies to everyone regardless of circumstances 😞
My friend James had been smoking and fall asleep in his car (with the keys in his pocket) cos he was to high to drive home. And unlucky for him the police happened to drive past and checked on him. Anyways to cut a long story short he lost his license when it went to court cos they still classed him as in control of the vehicle 🤦♂️
@@Jw-lf6pyI got caught too bro but I smoked around 12 hours before they pulled me over, they did the test where I have to lick something then I had to do a blood test at the station, but initially I didn’t do what you said in the comment, what else do you think I can do?
Been through it you’re spot-on buddy
What was your amount in blood and how long before driving was you smoking?
Please share
@@harrys6057 share what
@@Youremywifenkwdave .
Don’t drink and drive, smoke and fly 🤷🏻♂️
TLDR
Rob Stark
I got arrested for drug driving waiting for my results from the blood test hopefully I am under the limit
Result?
What happened. What level was in our blood and how long did they take to reply
Sorry for such a late reply but this happened last year I was arrested for drug driving they swabbed my mouth and after a couple seconds cocaine come up in my system I was on the coke the night before anyways I got took to the police station and they done a blood test I waited in the station for about 3 hours and then the doctor took my bloods results came back and I was under the limit so the limit was 50 and I was 18 they basically said to me that the stuff I done wasn’t strong at all and very shit stuff
What happened got court soon ?
So if ur passive smoking Ie: just in a room with people using cannabis u can get done also? Moral:: don't mix with idiots
simon Collis you nob head
I was worried about it, but apparently its almost impossible to test positive for 2nd hand smoke.
People who take drugs and drive should have a minimum ban of 12 months....no excuse.
I've been recently pinged for speeding and the result could be loss of licence and employment.
At the moment my licence is clean too.
I've been silly....motorbike with a quick flick of the wrist for a mere 70meters on an openly road with unbuilt areas surrounded by fileds has put me in this situation.
Wondering if I was smoking a joint getting high whilst driving...probably walk free.
Liverpool absolutely stinks of weed.
This is so cruel the system is totally fkd