# Driving under the influence of drugs



## Mystic Oil (25 Feb 2010)

I know that this topic has been raised here before, but please bear with me. I have searched the archives, but have failed to find the information that I'm looking for.
*
Background*

 A good friend of mine phoned today, very upset because his son was convicted of driving under the influence of drugs this morning. The lad was driving his car last year when he "blacked out" and crashed. Luckily it was a minor accident - neither he nor anybody else was hurt, although the car was damaged beyond economical repair. Following a trip to the hospital, a blood sample was taken. The son was subsequently diagnosed as suffering from epilepsy.

Fast forward three months, and a summons arrives for the son, charging him with driving under the influence of drugs.

The case finally ended up in court today, and the solicitor entered a guilty plea (with mitigation etc. etc.). The lad has been banned from driving for four years and fined €500.

I know this young man, and I believe him when he says that he didn't knowingly take anything illegal.

My friend has been told this evening that there are a large number of (legal, medicinal) drugs that can show up as a trace in blood tests many weeks after ingestion. The legislation as it stands takes no account of this, nor does it allow for varying levels of such traces.

I have searched www.irishstatutebook.ie in vain for the "schedule" of proscribed substances.

Can anybody here point me in the right direction?


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## SparkRite (25 Feb 2010)

Mystic Oil said:


> I know that this topic has been raised here before, but please bear with me. I have searched the archives, but have failed to find the information that I'm looking for.
> *
> Background*
> 
> ...



Hi Mystic.....

What exactly are you looking to achieve?

The accused pleaded guilty.

Are they looking to appeal the sentence or change ther plea?

I would imagine an appeal would be futile as a plea of guilty was entered initially.


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## MANTO (25 Feb 2010)

You cannot do a uturn on a guilty plea.


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## mathepac (25 Feb 2010)

Mystic Oil said:


> ... My friend has been told this evening that there are a large number of (legal, medicinal) drugs that can show up as a trace in blood tests many weeks after ingestion.  ...


I doubt if that information came from a qualified medical practitioner or pharmacist.

Any prescribed medicine that might effect driving, vision, concentration etc. is sold with a patient information leaflet, or PIL, containing clear warnings along the following lines -  "Brand X may make you feel sleepy or dizzy or may cause blurred / double vision, especially when starting treatment or increasing / decreasing the dose. So, be careful when driving  or operating machinery or doing other activities requiring careful attention"


Mystic Oil said:


> ... The legislation as  it stands takes no account of this, nor does it allow for varying levels  of such traces...


I'm not sure what point you are trying to make here, but as others have pointed out, an appeal against a guilty plea may not be possible.


Mystic Oil said:


> ... I have searched www.irishstatutebook.ie  in vain for the "schedule" of proscribed substances. ...


I'm not sure if you mean "prescribed"  or "proscribed" (banned) but the schedule to the Misuse of Drugs Act 1977 lists controlled drugs.

A word of warning - the moderators may view this thread as a discussion of medical issues and lock it.


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## Cooper7 (26 Feb 2010)

He had an epileptic fit while driving and was subsequently diagnosed so is this not why he crashed or had he taken drugs aswell?


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## Mystic Oil (26 Feb 2010)

Thanks all for your responses.

I'm not trying to achieve anything, other than to locate the relevant Acts, SIs, and Schedule.

The solicitor in court entered a guilty plea on behalf of the young man. My friend was incensed that he didn't "attempt to fight this" as he put it. Later yesterday he spoke to another solicitor (to see if there was any possibility of an appeal), who advised him that there is no option to plead not guilty in cases such as this. He also advised that, as the law stands, there is no option to appeal the conviction.

If the slightest trace of a banned substance is found in your bloodstream, you will be fined, and you will be walking for the next four years.

The previous askaboutmoney thread that I alluded to referred to a similar question re spamspamspam. As I understand it, spamspamspam can be detected in the blood up to six weeks after ingestion. Similarly, there are legal prescription drugs that can leave a trace long after they have any adverse impact on driving ability.

I want to educate myself as to what these substances are, and what legally available medications could cause any one of us to end up in front of the judge.


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## Mystic Oil (26 Feb 2010)

Answering my own question, at least in part: [broken link removed])

I have so far failed to find the relevant legislation (Road Traffic Acts?) that provides for a conviction where a driver is tested positive for controlled substances. I find irishstatutebook.ie very messy to use.


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## Card (26 Feb 2010)

sec 49 RTA 1961


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## Mystic Oil (26 Feb 2010)

Thanks Card.

_(1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle._

That's a generic provision.

The legislation that I'm looking for is that which provides for blood testing, and "zero tolerance" for controlled substances. I'm told that it's recent, possibly in the last 2 or 3 years.


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## dereko1969 (26 Feb 2010)

Surely the summons identified the section under which he was charged? Ask your friend for that and bob's your stoned uncle.


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## Mystic Oil (26 Feb 2010)

Yes, I could do that. However, I am a friend to this fine family, devastated at what has happened to their youngest. They have had this hanging over their heads for several months, and the stress of multiple delays and adjournments hasn't helped. It would be a little _too_ voyeuristic to ask to see the summons that started all of this, in my opinion.


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