Drug Driving Defence in Scotland
Being charged with ‘Drug Driving’ under either section 4 ‘driving whilst impaired through drink or drugs’ or s5A of the Road Traffic Act 1988 can haveserious consequences for your license, employment, insurance and livelihood. Charles Ferguson solicitors have a proven track record of successfully defending such charges through rigorous and thorough examination of all aspects of the Crown Case.
Drug Driving offences commonly arise under section 5A of the Road Traffic Act1988 through allegations that an accused person was unfit to drive through consumption of controlled drugs. Police may investigate where they suspect: Cannabis use, cocaine use or consumption of other controlled substances.
A charge under section 5A of the Road Traffic Act 1988 can arise even when the driver did not feel themselves impaired. A conviction can lead to a minimum driving ban of 12 months, fine or other more serious disposals, including imprisonment, that depend on the circumstances of the individual case.
Charles Ferguson Solicitors understand the significant impact such an outcome can have on our clients personal and professional lives and are committed to defending our clients.
Instruction of Charles Ferguson solicitors at the earliest stage of proceedings can be pivotal in the success of the case. There are strict procedural requirements governing how evidence is obtained and preserved in these types of offences and in some cases flaws in police procedure and evidence handling can provide a full defence. We have an extensive catalogue of success in this area.
At Charles Ferguson Solicitors we act fast and proactively, routinely instructing expert witnesses and acquiring expert reports putting the Crown Case to the test and securing the best results for our clients. Throughout our involvement in a client’s case our precise focus is centred at all times on the defence of our client’s licence, employment or business.
Frequently Asked Questions
Answers to our most common questions.
What is the drink-driving limit in Scotland?
The limit in Scotland is lower than in England and Wales: 22 micrograms of alcohol per 100ml of breath (compared to 35mcg elsewhere in the UK). This often means a single drink can put you over the limit.
Can I get a Speed Awareness Course in Scotland?
No. Unlike England, Scotland does not offer Speed Awareness Courses. If you are caught speeding, you will usually face a fine and penalty points or a court summons for higher speeds.
What is an 'Exceptional Hardship' argument?
If you reach 12 penalty points, you face a mandatory 6-month ban (totting up). We can argue "Exceptional Hardship" to keep your licence if a ban would cause extreme suffering to others (e.g., family or employees).
Can I avoid a ban for drink-driving?
Drink-driving carries a mandatory minimum 12-month ban. However, in very rare cases, we can argue "Special Reasons" (e.g., spiked drinks or a very short distance driven) to move the court to refrain from banning you.
How do the points work for "New Drivers"?
If you are within the first two years of passing your test, your licence will be revoked by the DVLA if you accrue 6 or more points. You would then have to resit both your theory and practical tests.
What are the penalties for "Dangerous Driving" in Scotland?
Dangerous driving is a serious offence carrying a mandatory minimum 12-month ban and a requirement to sit an extended driving test. In the most serious cases, it can result in a prison sentence.