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GabrielP428, Solicitor
Category: Traffic Law
Satisfied Customers: 450
Experience:  Expert
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I’ll have to go to court tomorrow for driving with no

Customer Question

Hi. I’ll have to go to court tomorrow for driving with no license, no insurance and above the permitted limit (2 micrograms) for drug driving (6.5 micrograms). No accidents caused, no faults on the driving, was stopped near home. How likely is that I’ll get imprisoned?
JA: What are the exact charges? Is this a first-time offense?
Customer: It is. First time offense.
JA: Where did this occur? Criminal law varies by location.
Customer: Beecher road, charminster, bournemouth
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I’ll have to go to court tomorrow at 2pm
Submitted: 10 days ago.
Category: Traffic Law
Expert:  GabrielP428 replied 10 days ago.

Hi, my name is***** am a solicitor in England and Wales with 9 years of experience and have worked in the legal sector since 2008.

This service is not instant, so please note that I cannot always reply immediately due to other work commitments. I look forward to helping you with your legal problem.

If you would like a call to discuss this further, please let me know

A call is a premium service that includes an extra charge.

Expert:  GabrielP428 replied 10 days ago.

Hi, I am sorry to hear about this.

Is this your first driving offence?

Customer: replied 10 days ago.
Thank you Gabriel. Yes, this is my first driving offence.
Expert:  GabrielP428 replied 10 days ago.

A single cannabis joint will cause an average peak concentration of 84.3 – 162 micrograms (the legal limit being 2 micrograms). This will then drop rapidly over the following 4 – 6 hours, with a blood concentration of less than 2 micrograms expected to be reached within 7 – 12 hours (depending upon your tolerance to THC). you only had 6.5. You could argue that you smoked cannabis the day before but not at the time of the offence.

You could also potentially argue passive smoking for cannabis as a special reason.

Customer: replied 10 days ago.
Thank you Gabriel. What about the other offences?
Expert:  GabrielP428 replied 9 days ago.

You will probably need to plead guilty and argue what we call special reasons:

For example:

  • The fact that a motorist drove for a short distance and in circumstances where he was unlikely to be brought into contact with other road users. I have successfully argued this in drink-driving cases where the court decided not to disqualify it all;
  • The fact that a motorists’ drinks/drugs were laced and he did not know he was consuming alcohol. This was also successfully argued in the past. 
  • The fact that a motorist was given drinks/drug stronger than he asked for and didn’t know;
  • The presence of mouth alcohol as a factor affecting the reliability of the breath specimen. This can cause an elevated reading unrelated to the amount of alcohol actually consumed.
  • The fact that a motorist unintentionally committed the offence of driving without insurance because he was misled by his insurance company or someone else telling him that he was insured. I have presented such cases many times for example where a wife or husband has been innocently misled by their spouse;
  • The fact that the motorist committed the offence when coping with a genuine emergency. This for example can apply to drink driving, careless driving, and speeding. I have argued it successfully in speeding cases where drivers were escaping unwanted attention from other drivers;
  • Driving whilst disqualified when the motorist did not know he was disqualified and had good reason not to know.

Special reasons must meet the following criteria:

  • They must not amount to a defence in law
  • They must be valid reasons that the Court should take into account when deciding what sentence to pass, they cannot be irrelevancies
  • They cannot relate to the offender, they must relate directly to the commission of the offence in question
  • The reason must be something that lessens the severity of the offence, a mitigating circumstance

Expert:  GabrielP428 replied 9 days ago.

Thank you so much for using Just Answer. If you have further questions, please ask them in this thread.

If you have other questions, you can open a new thread and mark it for my attention (GabrielP428) or choose me in the subject heading as your preferred expert from your membership page.