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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was stopped and detained by the Police about 4 weeks ago

Customer Question

I was stopped and detained by the Police about 4 weeks ago for driving under the influence of drugs and being unfit to drive. I was also found in possession of 1.2g of cannabis. I had a street caution for possession and was taken to the police station where I had a blood test. I was given unconditional bail and I am due to return to the police station in mid January to be charged and would expect to go to court a few weeks later.
I have now received from the DVLA a letter stating that they have received information from the police suggesting that I have a medical condition affecting my ability to drive safely. I have the option to give up driving or if I do not wish to surrender my driving licence, to undergo medical investigations to assess my fitness to drive.
If I surrender my driving licence will this prevent me being banned or obtaining a criminal record?. A further question the letter from the DVLA includes a "canenqreply" asking how long I have been using cannabis and other questions. By submitting this could it be used as an admission of guilt by the police?
If I do surrender my licence how long would I need to leave it before undergoing medical examination and reapplying for my licence.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How old are you please?
Customer: replied 1 year ago.
I am 18 currently, and turning 19 in February next year.
Expert:  Ash replied 1 year ago.
If I surrender my driving licence will this prevent me being banned or obtaining a criminal record?.
You would only get a criminal record if convicted in Court. If you are not convicted then if you surrender then you wont have a criminal record.
A further question the letter from the DVLA includes a "canenqreply" asking how long I have been using cannabis and other questions. By submitting this could it be used as an admission of guilt by the police?
No.
If I do surrender my licence how long would I need to leave it before undergoing medical examination and reapplying for my licence.
You can reapply at any time, there is no minimum time limit.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thanks Alex,To clarify this, if I surrender my licence before attending the Police station in January, will this cause the Police to not proceed with the prosecution for DUI on the basis that I have voluntarily taken myself off the road.Would this be the best course of action?
Expert:  Ash replied 1 year ago.
Not necessarily - its still a mater for the Police. You can ask the Police if this is what you do, can they not proceed.
Does that help?
Alex
Customer: replied 1 year ago.
Is it likely that they would? I have started a drug rehab counselling course and have good support from my parents and school. I guess I'm hoping that if we show that I realise I've made a mistake and am taking action to fix it, they may decide it's not worth taking it to court. What's the liklihood of this?
Expert:  Ash replied 1 year ago.
The Police may but if you were driving under influence they may just caution you. Its really a matter for the Police.
Does that clarify?
Alex
Customer: replied 1 year ago.
I think so thanks. I'll see the arresting officer with my Mum and see if he has any discretion to not proceed. I assume having that kind of dialogue won't prejudice my position?
Expert:  Ash replied 1 year ago.
No not at all. You can say you will surrender or even see if a caution is available.
Does that clarify?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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