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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My 18 year old son was charged with drug driving and his blood

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My 18 year old son was charged with drug driving and his blood was pootive for canaries
He is a good driver and his black box shows he has never speeded I know he was stupid but he is doing his a levels and hopes to work in mental health as both his brothers are autistic who he helps us with a lot driving his youngest brother to school for me
He has learnt his lesson is there anything we can do to spare him being banned and getting a criminal record
Kate
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
How long do I wait have I just been scammed
Expert:  Ash replied 11 months ago.
Hello Kate my name is ***** ***** I will help you with this.Does he have any previous convictions or driving offences please?Alex
Customer: replied 11 months ago.
No he has never been in trouble for anything before
Expert:  Ash replied 11 months ago.
Is there anything stopping him getting a criminal record - sadly not. This is because if he is charged and pleads guilty (I assume he accepts he was driving with drugs in his system) then he will get a record. Sadly you cant stop that.However in terms of when it will be spent and he does not need to declare it, depends on what sentence he gets.But again its a mandatory disqualification - the Court has NO discretion, it MUST disqualify.Generally the levels of sentence are this:1) Evidence of moderate level of impairment and no aggravating factors - fine and 12-16 months disqualification 2) Evidence of moderate level of impairment and presence of one or more aggravating factors listed below - fine and 17-22 months disq3) Evidence of high level of impairment and no aggravating factors - Community Order and 23-28 months disq4) Evidence of high level of impairment and presence of one or more aggravating factors - custody and 29-36 months disq.Therefore the Court MUST disqualify.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you? Alex
Customer: replied 11 months ago.
We have been told by motoring solicitors to plead not guilty and they have a 100percent acquittal last year ?
Expert:  Ash replied 11 months ago.
You can try, but if he accepts he was driving with drugs in the system then he will be found guilty. You should also be warned if he loses he faces a stiffer penalty, loses any guilty discount and will also have prosecution costs which are £500+ against him.Does that clarify? Alex
Customer: replied 11 months ago.
Not really you have given us completely different advice that all the other solicitors we have spoken to
Expert:  Ash replied 11 months ago.
Ok. Well I used to be a legal advisor in the Magistrates Court for over 5 years. I can tell you they have a 90% conviction rate.
Customer: replied 11 months ago.
The three firms we have asked have recommended once he is charged the will get the case dropped before it does to court as they can not prove his driving was impaired as his black box records how safely he drives
Expert:  Ash replied 11 months ago.
Ok - your question was asked about whether or not you can prevent him getting a criminal record.If the Prosecution can't prove he was unfit then that is where the case will fall down.If they are claiming he was fit then it would be for the prosecution to show he was unfit.If they can not do that then then he will be acquitted.Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 11 months ago.
Thank you
Expert:  Ash replied 11 months ago.
Good luck. Alex

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