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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70515
Experience:  Over 5 years in practice
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I was stopped by the police a few nights ago. I had driven

Resolved Question:

I was stopped by the police a few nights ago. I had driven correctly but eas pulled over as I had been in Asda and staff had suspicions the I may have been drinking. I have been sober for almost 11 years. I willingly gave a breath sample which I passed. However the police said they wanted to test for any other substances. They took me to a dark street and performed the tests. In my opinion, I passed all of them but found it difficult to get the toe to foot right as my legs had gone to jelly with nerves. Anyway they failed me and I got bloods taken by a GP who said he wasn't sure whether I was under the influence of anything. Again due to being a bit wobbly on my legs. I passed all the cognitive testing. I gave him a list of all the prescribed medication I am taking, primarily for anxiety and depression. I have half the sample of blood should I send it away? I was perfectly fine to drive but my bloods will show up my medications. Will i lose my licence?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do your medications advise against driving?
Customer: replied 2 years ago.

I take 3 which advise may cause drowsiness if so do not drive or operate machinery. But I take these at bedtime. One is a sleeping tablet and one of the anti-depressants makes me slightly drowsy so I take it at bedtime too. I was stopped at 10pm following my last dose.

Expert:  Jo C. replied 2 years ago.
Ok.
But does the medication carry a warning not to drive?
Customer: replied 2 years ago.

No just if medication makes me feel drowsy. It's the standard paragraph on most prescription or over counter meds. None say do not drive while taking this medication.

Expert:  Jo C. replied 2 years ago.
If that is right then they shouldn't find anything that would offend.
It does depend. The offence of driving whilst on drugs doesn't necessarily mean prohibited drugs but if these are not medications that carry a warning not to drive then they should not affect a drugs test. It is possible that the combination of them would be damaging but then you would expect your doctor to warn you not to drive.
You should get your sample analysed.
If you are convicted then you would be disqualified. It is mandatory Im afraid.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Are these roadside tests legal? Do the police require a reason to perform them? And why was my clear state of anxiety brought on by the situation not taken into account?

Expert:  Jo C. replied 2 years ago.
Yes, they are not.
Not really. They need reasonable grounds to suspect but that has been interpreted to mean the barest suspicion.
Your anxiety would not be considered. They are probably of the view that was feigned. I'm afraid people do that sometimes and police officers are generally fairly cynical.
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