Drug Driving: small quantity of spamspamspam in car, failed blood test, court appearance.

[Leon76]

My brother was caught with a small quantity of spamspamspam in his car over a year ago.

The Garda at the time brought him to the local garda station where a blood sample was taken.

A number of months later he received in the post the results which showed he has traces of spamspamspam in his system. His summons has been issued/delivered and he will appear in court next week.

He has to use a barrister from the area where the case is (Mullingar-so he was told) heard.

This man has told him he has no chance of getting off on any technicality.

He also told him he'd get 4-6 years of the road.

Does anyone know or have knowledge of similar cases in the past.

Advice would be greatly appreciated.

 

[j26]

Re: Court case for failing a blood test........

I think your brother has already had advice particular to his situation. He's unlikely to get better here.

Whatever the merits, I'd say a judge is likely to go a bit harder on him as it's spamspamspam rather than alcohol.

 

[Sully1]

Re: Court case for failing a blood test........

In Mullingar - I'd recommend throwing himself on the mercy of the courts and apologising profusely to the judge and saying hes learnt his lesson, stopped teh hash and will never ever do it again. The judge there shows very little mercy especially for drugs offences

 

[jhegarty]

Re: Court case for failing a blood test........

It's an automatic four-year drive ban afaik.

 

[ajapale]

Re: Court case for failing a blood test........

What is he charged with?

 

[McCrack]

Re: Court case for failing a blood test........

It's an automatic four-year drive ban afaik.

Correct and the Judge has no discretion. It's harsh in my opinion.

I'm aware of a recent drug-driving case where the defence asked that the person from the medical bureau that tested the sample be present for cross-examination. The State was unwilling (for reasons I dont know) and the matter was struck out on consent as a result.

There's no harm in your brother through his legal representives to bring the State to proof. I assume that his solicitor got all statements/custody records and a precis from the arresting Garda. It's a matter now for him and his advisers.

 

[Leon76]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

Thanks for your help. Praying things go ok.

 

[UptheDeise]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

Does anyone know how long spamspamspam lasts in your system?

The only thing I think your brother can do is owe up and throw himself at the mercy of the courts.

 

[mathepac]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

Does anyone know how long spamspamspam lasts in your system? ...

That depends on a number of variables, (medical issue, won't get into it) but an individual can test positive for anything up to 4/5 weeks.

 

[Pique318]

Re: Drug Driving: small quantity of spamspamspam in car, failed blood test, court appeara

Or even up to 10 weeks. Having it in his system means nothing apart from the fact that he smoked it at some point in the previous 3 months, and the tester would likely be forced into making this admission under oath.

 

[Tomodinhio]

Re: Drug Driving: small quantity of spamspamspam in car, failed blood test, court appeara

he could state he was a victim of the local authorities inability to fill in the pot holes.

 

[PetrolHead]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

That depends on a number of variables, (medical issue, won't get into it) but an individual can test positive for anything up to 4/5 weeks.

I'm aware of a recent drug-driving case where the defence asked that the person from the medical bureau that tested the sample be present for cross-examination. The State was unwilling (for reasons I dont know) and the matter was struck out on consent as a result.

Surely this is the area to concentrate on. The medical bureau should be pressed into defining the effect the level of spamspamspam he had in his system would have on his ability to control the car. Force them to prove scientifically that he was unfit to drive.

I bet they can't!

 

[mathepac]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

... The medical bureau should be pressed into defining the effect the level of spamspamspam he had in his system would have on his ability to control the car. Force them to prove scientifically that he was unfit to drive...

That's nonsense. Its an illegal substance and the level is zero for driving, just as in other jurisdictions the alcohol level for learner permit holders and newly qualified drivers is zero.

 

[jhegarty]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

That's nonsense. Its an illegal substance and the level is zero for driving, just as in other jurisdictions the alcohol level for learner permit holders and newly qualified drivers is zero.

You better let this judge know :
[broken link removed]

 

[mathepac]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

You better let this judge know :
[broken link removed]

Great consistency displayed by the judge.

 

[z103]

Re: Drug Driving: small quantity of spamspamspam in car, failed blood test, court appeara

Its an illegal substance and the level is zero for driving, just as in other jurisdictions the alcohol level for learner permit holders and newly qualified drivers is zero.

Illegal in ireland.(even though fags and booze are perfectly legal)
He could have gone over to Amsterdam and had tea and cakes the week before.

 

[truthseeker]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

That's nonsense. Its an illegal substance and the level is zero for driving, just as in other jurisdictions the alcohol level for learner permit holders and newly qualified drivers is zero.

The testing for spamspamspam in your system doesnt give any indication of the amount in the blood - its not like the blood alcohol test.
You could have smoked 1 spliff 4 weeks ago and have it show up in your blood yet be perfectly fit to drive on the day in question.
Plus - as Leghorn says, he could have consumed it in a jurisdiction where it is legal.

 

[Latrade]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

The testing for spamspamspam in your system doesnt give any indication of the amount in the blood - its not like the blood alcohol test.
You could have smoked 1 spliff 4 weeks ago and have it show up in your blood yet be perfectly fit to drive on the day in question.
Plus - as Leghorn says, he could have consumed it in a jurisdiction where it is legal.

I'm surprised if this is the case as any person testing for intoxicants compares the results to an agreed european standard. In effect you can only state there is a positive result when it is above a certain concentration. The agreement is that, firstly, it is debateable whether below that concentration merits the term "intoxicated" and secondly, illiminates the accidental or historical presence of the substance.

I'm not saying you're wrong, just that any lab set up to test for intoxicants on a workplace basis uses this standard. The Alstom case in the labour court:
http://www.independent.ie/national-...om-drug-test-should-get-job-back-1297135.html

based its judgement in part on the notion that a zero level is unfair (that and zero wasn't part of the agreement).

I know there is a difference between the workplace and driving. Plus as it is an illegal substance it would be a hyporcritical to make it an offence to be in possession and distribution, but to define a "safe" limit in order to drive.

 

[McCrack]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

The testing for spamspamspam in your system doesnt give any indication of the amount in the blood - its not like the blood alcohol test.
You could have smoked 1 spliff 4 weeks ago and have it show up in your blood yet be perfectly fit to drive on the day in question.
Plus - as Leghorn says, he could have consumed it in a jurisdiction where it is legal.

Yes that's the big issue (and possibly the unfairness) with drug driving, once traces of a controlled drug are found in a person's system that is enough to convict. The law makes no allowances for the type/levels/capability to drive. A mandatory ban of 4 years applies too. It's quite severe considering the legislation makes no discretion towards levels like it does regarding drink in the system.

 

[truthseeker]

Re: Caught with a small quantity of spamspamspam in car, failed blood test, court appeara

Plus as it is an illegal substance it would be a hyporcritical to make it an offence to be in possession and distribution, but to define a "safe" limit in order to drive.

I agree with this point but as pointed out earlier - he could have consumed it in a place where it was legal to do so in which case the 'safe' limit is relevant.