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Original poster

Can still drive until charged. (non of my business)

26 replies

Soupsetscared · 22/02/2024 09:14

My NDN son was involved in a car crash just before Christmas.
No other car was involved thank goodness as he was driving
after smoking weed.
He was arrested but not charged until his blood test results come back.
This can take upto 5 months.
Yet he his still allowed to drive. Surely the law doesn't allow this.
Of course I don't know about his insurance etc. He is 20.

OP posts:
Maddy70 · 22/02/2024 09:14

Yes ...he isn't guilty of anything (yet!)

ComtesseDeSpair · 22/02/2024 09:35

If he hasn’t even been charged with anything, what’s the alternative? People being treated like criminals based on suspicion?

SquashPenguin · 22/02/2024 09:38

Yes he’s allowed to drive. He hasn’t been convicted (yet). I knew a drink driver who was allowed to carry on driving until he was banned.

CormorantStrikesBack · 22/02/2024 09:40

Yes. Even if you are over the limit when breathalised you can drive until you go to court. Someone in our village was in this position and caused another crash while drunk while waiting for the court date for the first offence.

MoonWoman69 · 22/02/2024 13:08

He's your NDN, why is this your business anyway? He hasn't been charged! And no, I 100% don't agree with the offence at all, but unless you can wave a magic wand and change the law, then that's sadly just how it is!

PuttingDownRoots · 22/02/2024 13:15

The basis of our justice system is innocent until proved guilty. So until he has been charged and convicted, he is innocent.

Itslegitimatesalvage · 22/02/2024 13:17

Yes, he can drive. He will most likely be allowed to continue driving after the case too.

Itslegitimatesalvage · 22/02/2024 13:20

Really, just get used to it. When I was growing up, my neighbour’s teenage mowed down and killed two girls on their way home from an after school club. The skid marks and the impact etc on the scene all showed he was flying down the road, but he said at the trial that the girls had been playing chicken on the road. No witnesses. He got off with it. His family held a huge party when he got home from court; loads of them
drunk out in the garden and round the block celebrating… and those girls were not
playing chicken. We’d all seen his driving; he killed them, pure and simple. Not even a driving ban.

NCForQuestions · 22/02/2024 13:26

This is a prime example of innocent until proven guilty.

He's not even been charged because there's currently insufficient evidence of his driving under the influence of drugs u less that blood test comes back positive.

Noseyoldcow · 22/02/2024 14:28

There's an article on sky news where police forces want to be able to ban drug and drink drivers straight away, and not wait for courts to ban, but there are legal obstacles. Seems a good idea to me. They can get the ban straight away, and then go to court for the appropriate punishment on top for causing the accident or whatever.

NCForQuestions · 22/02/2024 14:35

@Noseyoldcow if that goes through, it will still only be post-charge and wouldn't apply in this situation. Very differently legal situations.

But it needs to happen post-charge IMO.

flippetyflaps · 22/02/2024 14:54

Noseyoldcow · 22/02/2024 14:28

There's an article on sky news where police forces want to be able to ban drug and drink drivers straight away, and not wait for courts to ban, but there are legal obstacles. Seems a good idea to me. They can get the ban straight away, and then go to court for the appropriate punishment on top for causing the accident or whatever.

My understanding is that they can release people without charge (yet) but on pre-charge bail, either with or without conditions. I know someone who is on conditional pre-charge bail atm, not in a driving case though. It's usually where the police need more time to investigate or to discuss with CPS but there are concerns around offending in the meantime or around flight risk (eg a condition can be reporting to the police station weekly or surrendering your passport).

Original poster
Soupsetscared · 22/02/2024 15:06

@MoonWoman69 if you read the title of this thread I admit it's not my business.
I just find it shocking that someone can still legally be allowed to drive.
The same as someone drink driving.
Yes he is innocent until proven guilty.

OP posts:
TheSnakeCharmer · 22/02/2024 15:11

I don't understand why the OP is getting a hard time. Of course it is her business. Having irresponsible drivers on the road is everybody's business. What is shocking is the length of time that it has taken to establish that he had drugs in his system at the time and to take any action, one way or the other.

MoonWoman69 · 22/02/2024 15:13

Soupsetscared · 22/02/2024 15:06

@MoonWoman69 if you read the title of this thread I admit it's not my business.
I just find it shocking that someone can still legally be allowed to drive.
The same as someone drink driving.
Yes he is innocent until proven guilty.

And I totally agree with you there. I just didn't understand why you were so invested in a neighbours business. But then, if he's a neighbour, he's driving in your vicinity... No, I wouldn't be happy either! No offense intended btw 💐

user146990847101 · 22/02/2024 15:18

Yep - perfectly legal. Our neighbour was killed by a drug driver, he was pleaded innocent so could keep his licence till the trial, whereupon he changed his plea to guilty the day before the trial and therefore had the lenient sentence length that pleading guilty affords. It stinks.

DancingWithYouInTheSummerRain · 22/02/2024 15:23

I used to often remind Defendants who had been charged with Excess Alcohol or Drug Driving to make sure they had means to return home after their hearing if they were pleading guilty, as they had still been used to driving after charge.

Quite a few did used to ask us what they should do with their cars after the hearings as they had driven to court, pleaded guilty and received their ban!

As per others it is innocent until proven guilty in this country, and even though it may appear clear cut, cases aren't always.

Noseyoldcow · 22/02/2024 16:16

"As per others it is innocent until proven guilty in this country, and even though it may appear clear cut, cases aren't always."
Well yes, there will always be exceptions. But if you are nicked for drink or drug driving and tests prove it, I can't see how you can be innocent.

DancingWithYouInTheSummerRain · 22/02/2024 20:14

Noseyoldcow · 22/02/2024 16:16

"As per others it is innocent until proven guilty in this country, and even though it may appear clear cut, cases aren't always."
Well yes, there will always be exceptions. But if you are nicked for drink or drug driving and tests prove it, I can't see how you can be innocent.

What I mean is that in an ideal world, someone who had been stopped would plead guilty and be dealt with at first hearing, evidence suggests that this should happen. However, many don't, prolonging the legal proceedings, taking up many hearings until they relent and plead guilty or a trial occurs and they are found guilty (they often change plea on the day of trial). In cases where accidents have occurred, it isn't uncommon for the Defendant to claim to have had a drink after the incident, which would then require further testing to be undertaken to confirm whether alcohol was in the system at the point of incident, which again causes delays and stops the case being dealt with within 1 hearing.

I truly believe anyone charged with a drink/drug driving offence shouldn't be bailed to court, but remanded and taken as an overnight case (obviously when not in drink or drugs), a night/day in the cells waiting for court is the least they deserve.

Tryingtokeepgoing · 22/02/2024 20:41

Noseyoldcow · 22/02/2024 16:16

"As per others it is innocent until proven guilty in this country, and even though it may appear clear cut, cases aren't always."
Well yes, there will always be exceptions. But if you are nicked for drink or drug driving and tests prove it, I can't see how you can be innocent.

Wasn’t it that sort of belief by the Post Office in their system that lead to what’s arguably one of the largest miscarriages of justice that we’ve ever seen in this country? I think it’s was Benjamin Franklin who said it’s better that 100 men go free than an innocent person is wrongly imprisoned…

Mairzydotes · 22/02/2024 20:43

SquashPenguin · 22/02/2024 09:38

Yes he’s allowed to drive. He hasn’t been convicted (yet). I knew a drink driver who was allowed to carry on driving until he was banned.

Same, he crashed his car and managed to get a courtesy car

Tryingtokeepgoing · 22/02/2024 20:46

But I agree, they ought to find a way of charging people much quicker, so that they can be stopped from driving sooner if / when they are found guilty!

sawnotseen · 22/02/2024 21:43

Yes, he can carry on driving until his plea is heard at court, which can take months. If he pleads guilty, he will be ordered to surrender his licence. If he pleads not guilty, he will retain his licence until the case is heard and it's decided whether or not he is guilty.

sawnotseen · 22/02/2024 21:45

At a trial

sawnotseen · 22/02/2024 21:57

If he pleads guilty, he will get a lesser charge in terms of ban, fine and perhaps custodial sentence. If he pleads not guilty, then, if found guilty by a jury at a trial, he will get a tougher sentence.

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