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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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I have received a summons to appear in court on Wednesday.

Customer Question

I have received a summons to appear in court on Wednesday. Is it possible to find details of the evidence against me?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Not in advance I'm afraid.

If this is a first appearance then you will be handed the information that the Crown rely upon at the time of your appearance in court and given time to examine it before entering a plea.

If you plead not guilty then there might be more information to serve which should be done 7 days before the trial although that is a very optimistic view of the efficiency of CPS in my experience.

The summons will have quoted an offence though and some basic particulars but the evidence is handed to defendants or their representatives at court on the morning.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69369
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’
Customer: replied 3 years ago.
For Jo C
The offence is 'unfit to drive through drugs' and took place on 22/5/13. I was blood tested at the time by the hospital & also the police (this sample was sent of for further analysis) At the end of that day I was cautioned for possession of a controlled drug Class C - GHB. My question is relating to the blood tests. I think GHB wouldn't show on any hospital sample as they have to specifically look for it, but I assume the sample taken in the hospital would have recognised most common illegal substances if they had have been present in my system such as AMPHETAMINE
is this correct

Optional Information:
Province/Country relating to question : Greater Manchester

Expert:  Jo C. replied 3 years ago.
No, if this is a police instructed blood test then it would test for controlled substances as well. The offence is in being unfit through drink or drugs. Commonly that is known as drink driving basically because its by far the most common intoxicant in the UK but it also applies to other drugs and blood tests do consider them.
Customer: replied 3 years ago.
For Jo c
I have obviously received the summons because of what has come up in the sample that was sent away for deeper analysis. Will they check for all illegal substances (which can remain detectable in the body for days/weeks after) or as I was charged for & admitted taking GHB the night before, is it this substance only that I am likely to be charged for driving under the influence of?
Expert:  Jo C. replied 3 years ago.
Well, the specimen tests for all drugs but they are not going to charge you with any possession offences arising.

If a drug is in your blood stream then that doesn't amount to possession in the UK.

They only need evidence of one to prove this particular offence.
Customer: replied 3 years ago.
To Jo c
I am most concerned about the prospect of being receiving a ban for driving. So my aim was to try & establish if they will only for charging me with driving under the influence of GHB as that what they found upon me and I had admitted to taking the night before. I am expecting a fine for sure but am hoping that I can avoid a ban from driving as it will radically affect my life. Given this fact, is there any advice/evidence that can help me with my cause on the day?
Expert:  Jo C. replied 3 years ago.
I am sorry but they will ban you unfortunately.

A ban is mandatory for this offence and there is nothing a court can do about it even if they wanted to.

For what its worth, I think its over sentenced too.
Customer: replied 3 years ago.
For Jo C
Ok, if that will definitely be the outcome, is the ban for this offence a fixed period of time or determined on the day. What's the best & worst case scenarios (ie: shortest & longest periods) for a ban for this offence?
Expert:  Jo C. replied 3 years ago.
It is for between 12-16 months but they will only ban you for 12 on a first offence with no particular aggravation.

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