Points 2 Prove
The Ultimate Police Handbook
Driving or being in charge of a motor vehicle with concentration of specified controlled drug above limit
s.5A Road Traffic Act 1988
Traffic
Definition
This section applies where a person ("D") -
(a)drives or attempts to drive a motor vehicle on a road or other public place, or
(b)is in charge of a motor vehicle on a road or other public place, and there is in Ds body a specified controlled drug.
D is guilty of an offence if the proportion of the drug in Ds blood or urine exceeds the specified limit for that drug.
(a)drives or attempts to drive a motor vehicle on a road or other public place, or
(b)is in charge of a motor vehicle on a road or other public place, and there is in Ds body a specified controlled drug.
D is guilty of an offence if the proportion of the drug in Ds blood or urine exceeds the specified limit for that drug.
Points to Prove
- drove/attempted to drive/be in charge of
- a motor vehicle
- on a road or other public place
- where there is a specified controlled drug in the person above specified limit
- a motor vehicle
- on a road or other public place
- where there is a specified controlled drug in the person above specified limit
Powers & Punishment
Driving: Up to 6 months imprisonment and/or fine. Between 3 to 11 points on license and compulsory disqualification.
In Charge: Up to 3 months imprisonment and/or fine and up to 10 points with possible disqualification
In Charge: Up to 3 months imprisonment and/or fine and up to 10 points with possible disqualification
Offence Type
Charging Codes
RT88584 - Drive - above limit
RT88585 - In charge - above limit
RT88586 - Attempt to drive
Crime Recording
PNC Recordable
No Crime Report Required
More
(3) It is a defence for a person ("D") charged with an offence under this section to show that -
(a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
(b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
(c) Ds possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
(4) The defence in subsection (3) is not available if Ds actions were—
(a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or
(b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.
(5) If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection,
(3) the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
(b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
(c) Ds possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
(4) The defence in subsection (3) is not available if Ds actions were—
(a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or
(b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.
(5) If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection,
(3) the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.