Case Study 2: Drug Driving

Case Study 2: Drug Driving

Situation…

The Defendant was charged with Driving whilst Unfit through Drugs and was the driver of a motor vehicle that was involved in a road traffic accident.

He was spoken to by Police Officers who reported that the Defendant smelled strongly of intoxicants. He was transported to the Police Station whereupon he gave a positive breath sample for alcohol.

He was examined by a Forensic Medical Examiner who formed the view that the Defendant was impaired. The physician attempted to obtain a sample of blood from him but was unsuccessful and consequently a sample of urine was given. The sample was submitted for forensic analysis and it was concluded that the sample contained an undisclosed concentration of carboxy-THC, which indicated prior use of cannabis by the defendant.

Action…

Bericon Forensics was asked to prepare a report that addressed the scientific findings and offer comment on their significance especially with regard to any possible impairment of the Defendant.

Result…

The scientific findings only assists in supporting prior use of the drug and cannot be used to equate to any specific effects of the substance or the time and quantity used. Indeed, the Crown was not able to actually state how or whether the Defendant’s mental and physical states would have been affected at the time of driving.

In fact there was no direct scientific evidence which supports impairment given that the pharmacologically active compound (THC) was not detected in the sample.

The Defendant was found Not Guilty.