Drive motor vehicle with a proportion of a specified controlled drug above the specified limit

Points to prove

• 1. The defendant drove a motor vehicle
• 2. The driving was on a road or other public place
• 3. There was in the defendant's body a specified controlled drug (a drug specified in regulations made under s 5A(8) — for England and Wales, the Drug Driving (Specified Limits) (England and Wales) Regulations 2014)
• 4. The proportion of that drug in the defendant's blood or urine exceeded the specified limit for that drug (a specified limit may be zero — s 5A(9))

Defences

• Statutory 'medical' defence — s 5A(3) RTA 1988: the drug was prescribed or supplied for medical or dental purposes, was taken in accordance with any directions of the prescriber/supplier and any manufacturer's or distributor's instructions, and possession immediately before taking was not unlawful under s 5(1) MDA 1971 because of a regulation 7 exemption; not available if the defendant acted contrary to advice or instructions about the time that should elapse between taking the drug and driving (s 5A(4)); once evidence raises the defence, the prosecution must disprove it beyond reasonable doubt (s 5A(5))

Mode of trial & maximum penalty

Summary (motoring) — Summary: 6 months' imprisonment and/or a fine — obligatory disqualification, endorsable (3-11 points)

Sources

• www.legislation.gov.uk/ukpga/1988/53/schedule/2/part/I
• www.sentencingcouncil.org.uk/guidelines/driving-or-attempting-to
• www.legislation.gov.uk/ukpga/1988/52/section/5A