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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70520
Experience:  Over 5 years in practice
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Hi, I am currently asking an expert a question to a GP,

Resolved Question:

Hi,

I am currently asking an expert a question to a GP, the question is at the end of this email. Could you review and tell me what route I could take to convince the CPS to drop the charge to pleading to driving without due care. I am hoping there is 'case law' to a situation like mine that could be useful.

Thank you

Ben

I am being charged with driving whilst under the influence of drugs. When I was arrested I tested negative on alchohol and subsequent blood tests, done by the pol
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

This won't be an issue of case law.

On what basis are you hoping to contest this?
Customer: replied 3 years ago.

Hi Jo,


 


No drugs have been found by the polices test or by the one I commissioned from a police approved lab. Both reports state that pre screening shows possible benzodiazepine usage, however when the full tests are done I am negative on all of them.


 


At the time of arrest I suffered some sort of mental episode and told the police I had been taking "magic valium sleeping gum" so that wasnt the greatest thing to do, but as all drug tests are negative, then by definition I cannot be guilty of driving whilst impaired through drugs.


 


Thanks

Expert:  Jo C. replied 3 years ago.
OK.

Had you used anything?
Customer: replied 3 years ago.

I was on an anti anxiety drug called phenelzine, and I took two pills I bought of the internet that claimed to have benzo like effects. However i have took prescription benzodiazepines and believe they were sugar pills.


 


Phenelzine does have a warning saying it may make you drowsy, however I had been on it for several months prior without incident. I also have a letter from my doctor stating in his opinion phenelzine would not have caused the impairment that I suffered.


 


Many thanks

Expert:  Jo C. replied 3 years ago.
Does it have alcohol or controlled substances in it please?
Customer: replied 3 years ago.

No, if it is indeed legitimate, it is not controlled in the UK. It is a prescription medication in Japan however

Expert:  Jo C. replied 3 years ago.
Then that would have an impact.

Did you test postive for drugs?
Customer: replied 3 years ago.

Hi Jo,


 


Will refer you back to a previous message, which was my reply to your 1st question


 


No drugs have been found by the polices test or by the one I commissioned from a police approved lab. Both reports state that pre screening shows possible benzodiazepine usage, however when the full tests are done I am negative on all of them.

Expert:  Jo C. replied 3 years ago.

If they haven't got any evidence of impairment caused by drugs then they will have to drop it.

Its difficult to see what that was even charged if that is the case. One can understand the arrest but they need some evidence if there is to be a charge.

Its not a question of case law. Its just a question of just plain not having evidence to cover that element of the charge.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

My current solicitor believes they are going to use some 'cocktail of drugs' argument that the combined effect of the prescription medication and the anti anxiety pills caused it, by some sort of interaction.


 


Estimated cost from my solicitor is 6-10 grand at least in legal fees, and I cannot really afford it. So depending on the attitude of the CPS prior to my trial in April, if they don't lessen the charge to "driving without due care", which I will please guilty to, I will have no choice but to plead guilty as I cannot afford to defend myself.


 


I know I am stretching this Jo, and if you want to upgrade the question so I have to pay you more for the answer, then please do.


 


I am worried my solicitor has a vested interest in making me pay this money, and he may or may not negotiate with the CPS as vigorously as I would want. I do not believe this is the case however, but even if their is a slim possibility then this is why I am asking for your advice.


 


If you wish I would be more than happy to book a phone consultation outside of this (I hope suggesting it is not outside the rules) so that we could chat for an hour and you could charge me your usual rate.


 


Thanks Jo

Expert:  Jo C. replied 3 years ago.
You will find a barrister under public access much cheaper than a solicitor if you want to pursue this matter.

Ultimately though, you can only negotiate with CPS to a certain degree. If they refuse to drop the case though nobody can force them.

I'm afraid we cannot have direct contact under the rules of this site.
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