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Drug Driving
Drug Driving
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From March 2nd 2015 statutory driving limits were introduced for the presence of certain drug substances in blood and form part of Section 5A of the Road Traffic Act. As a consequence, individuals will now be prosecuted if their blood drug concentration is above the statutory limit.
The legislation helps to avoid the previous problems associated with the need to demonstrate impairment of the driver, which was often problematic and caused over 90% of this type of case to end in Not-Guilty decision.
The simple position now for most illicit drugs is that if you’re over the limit, you’ll be charged.
However there are an increasing number of defences being raised which include the consumption of drugs after having driven.
However, whilst roadside testing has been introduced for cannabis and cocaine, police will still have to wait for some weeks for laboratory test results to be returned and almost certainly they will have to continue to deploy impairment tests in cases involving the older Section 4 legislation where limits don't exist for a drug.
Bericon is able to offer a complete forensic and medical assessment of any drug driving case.
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