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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75517
Experience:  Over 5 years in practice
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Assistant: How can I help? I hope you can give me advice as

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Assistant: Hello. How can I help?
Customer: I hope you can give me advice as I've been given conflicting advice from two firms of solicitors specialising in motoring offences.
Assistant: Where are you? It matters because laws vary by location.
Customer: I'll explain. I'm in Cheddar, Somerset
Assistant: What steps have you taken so far?
Customer: Apologies, every time I try to start a new paragraph it sends accidentally
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I was stopped by the police for driving under the influence of cannabis. I had one puff of a friend's cannabis cigarette and I was arrested. They took my blood. One firm is saying I should pay them £2000 now and they'll try to see if there's any technical anomalys and another is saying wait for my blood work to come back

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 4 months ago.
Hello Jo,
I was wondering whether you can offer any advice as I've been given conflicting advice from two firms of solicitors specialising in motoring offences.
I was stopped by an off duty police
officer on Tuesday for driving whilst under the influence of cannabis.
My friend was in the car before the incident and he was smoking. I regrettably had one puff and the police officer said he could smell it which gave him due cause to arrest. He didn't swab me but I was arrested and gave blood.My problem is that one firm is telling me to pay them £2000 now and they'll try to look into technicalities in order that the case doesn't go to court.
Another is saying it's best to wait for the results to come back before taking any action.
The first firm are saying it would be better to be preemptive as CCTV is deleted after fourteen days. They were quite pushy.
I just don't know what to do as I don't want to increase a possible ban and fine if I'm found guilty.
I've never been in trouble before and as you can imagine I'm quite anxious about it. I admit I made a mistake but I'd just like to know what possible advice you may give on the matter as this is very real and new to me. It's causing a fair amount of stress.
Also, the legal limit is set so low I'm worried my blood will come back over the limit even after just one puff.
Any advice you can give me would be greatly appreciated.Yours faithfully,Matt
Customer: replied 4 months ago.
I find it difficult to take everything in on the phone so if you don't mind can we discuss it in writing please?
Customer: replied 4 months ago.
Sorry, should've been sincerely there

What is the relevance of CCTV to this case?

Customer: replied 4 months ago.
I'm not sure. He said mainly to prove I wasn't inebriated in the police station but I don't see the relevance of this as they've taken my blood and if I'm over the limit I'm guilty.
He was mainly focusing on the law being so new that there may be technical anomalys that would make it not go to court.
Customer: replied 4 months ago.
I just wanted to know whether it was better to proceed after the blood results come back or take their advice and proceed with it now

Thanks for the information

It is generally better to try evidence gather early but the police aren’t going to provide the CCTV from a custody suite until there is a charge anyway.

And all that would show is that you weren’t staggering around. It wouldn’t show that you weren’t over the limit.

We can all spend our days making disclosure requests that are either going to be refused, aren’t admissible or don’t go to a disputed issue.

It is worth spending money if there is a realistic prospect. There isn’t any sense otherwise.

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

Customer: replied 4 months ago.
As it's the first time I've been in trouble I have no experience with this and I don't want to exacerbate the problem by doing the wrong thing

Also, they don't delete CCTV of the custody suite after 14 days.

Which is this firm?

Customer: replied 4 months ago.
Thanks, that's good to know. It's MAJ Law.
Customer: replied 4 months ago.
I've been just told by another firm that it's best to wait for the results to come back before I proceed

That is certainly what I would do.

Customer: replied 4 months ago.
Sorry to bother you with this Jo, I know it's a pariah type of offence and I'm sincerely ***** ***** I decided to take that puff
Customer: replied 4 months ago.
Ok thank you very much for your advice. You're very kind

Also, isn't it quite possible that you will blow under if it was literally just one puff.

Customer: replied 4 months ago.
it's definitely a possibility but all the people I've spoken to suggest that the limit is set so low that I should expect it to be over

Well, that is true. Always prepare for the worst. But there is no sense in spending money on disclosure requests that will be refused now anyway.

Customer: replied 4 months ago.
Different police forces have different limits though which is confusing as surely it should be a nationwide thing.Thanks for your help Jo. Your advice has made it an awful lot clearer on what to do
Customer: replied 4 months ago.
Sorry to have taken up your precious time

They do but nowhere that I know of deletes after 14 days.

Customer: replied 4 months ago.
Ok, I think MAJ law may have been misleading me slightly

It is generally true that they could make disclosure requests.

The question is whether there is any point and there is none here.

Jo C. and 6 other Law Specialists are ready to help you
Customer: replied 4 months ago.
No I agree, I'd rather not pay £2000 when there isn't any point in doing so.
I'm prepared to take the punishment if I'm over the limit and hopefully, because it was so little an amount it'll come back under.
Thanks again for your help Jo