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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think drug driving always gets a ban?

56 replies

laundryschmaundry · 21/02/2023 05:29

This is about my younger brother- we're low contact but I do see my SIL and their children.

DB is an habitual cannabis smoker and was recently caught smoking a joint whilst driving. I have had concerns about him drug driving for a while so this was a relief to me but it will mean he'll lose his job if banned as he won't be able to get there. Saw SIL yesterday and she said because he's the sole income and she can't drive he probably won't get a ban Angry I said I didn't think it worked like that but she was adamant she has form for believing everything DB tells her.

AIBU to think that's his problem and a ban is inevitable? I will completely lose faith in the system if someone caught smoking a joint whilst driving gets away with points Confused

OP posts:
Northernsouloldies · 21/02/2023 05:37

If he was roadside tested positive he will definitely lose his licence. Sil not being able to drive doesn't even come into it.

Gwen82 · 21/02/2023 05:46

Penalties for drug driving
If you’re convicted of drug driving you may get:

a minimum 1 year driving ban
an unlimited fine
up to 6 months in prison
a criminal record

note the “may”

Original poster
laundryschmaundry · 21/02/2023 05:53

Northernsouloldies · 21/02/2023 05:37

If he was roadside tested positive he will definitely lose his licence. Sil not being able to drive doesn't even come into it.

Yes, then blood taken. He has to go back to police station end of March- I assume this is when he's formally charged.

OP posts:
LunaAndHerMoonDragons · 21/02/2023 06:06

He can apply to the court for a restricted licence for driving to and from work. It's up to the judge on the day, first offences tend to have some leniency and his families needs can be taken into account in granting a restricted licence. I'd say yes he'll get a driving ban, probably not one year unless he has priors and if this is a first offence good chance he'll get a restricted licence for driving to and from work.

Northernsouloldies · 21/02/2023 06:10

Op was he charged with possession as well?.

Original poster
laundryschmaundry · 21/02/2023 06:29

Northernsouloldies · 21/02/2023 06:10

Op was he charged with possession as well?.

Doesn't sound like he's been charged with anything yet pending blood tests.

OP posts:
Original poster
laundryschmaundry · 21/02/2023 06:31

LunaAndHerMoonDragons · 21/02/2023 06:06

He can apply to the court for a restricted licence for driving to and from work. It's up to the judge on the day, first offences tend to have some leniency and his families needs can be taken into account in granting a restricted licence. I'd say yes he'll get a driving ban, probably not one year unless he has priors and if this is a first offence good chance he'll get a restricted licence for driving to and from work.

He has prior convictions for violence and DV (not against SIL but I wouldn't put it past him hence why I stay in contact with her- it's not her fault he's a POS).

Interesting about first time offences being more lenient- I would have thought it would be more of a deterrent to come down hard the first time so there wasn't a second time!

OP posts:
ILoveASpreadsheet · 21/02/2023 06:41

LunaAndHerMoonDragons · 21/02/2023 06:06

He can apply to the court for a restricted licence for driving to and from work. It's up to the judge on the day, first offences tend to have some leniency and his families needs can be taken into account in granting a restricted licence. I'd say yes he'll get a driving ban, probably not one year unless he has priors and if this is a first offence good chance he'll get a restricted licence for driving to and from work.

Where have you got your information from? In the UK, you’re either banned or you’re not if there’s some sort of curfew they’re not banned and they’re usually issued when someone is linked to criminality rather than a usually law abiding citizen holding down a 9-5 so they can get to work. They can use public transport, get a cab, hire a driver, walk or get a lift. There would have to be some pretty exceptional circumstances. The only way he’s not getting a ban is if his bloods were under or there’s been a procedural error. There’s no leniency for a first offence just harsher penalties if caught again.

Zanatdy · 21/02/2023 06:44

I doubt they care that he’s the only driver in the house or won’t be able to get to work. That’s his problem. He’s no doubt made that up so she doesn’t get too angry with him. SIL needs to get some lessons and not rely on this loser

Gwen82 · 21/02/2023 06:57

Zanatdy · 21/02/2023 06:44

I doubt they care that he’s the only driver in the house or won’t be able to get to work. That’s his problem. He’s no doubt made that up so she doesn’t get too angry with him. SIL needs to get some lessons and not rely on this loser

Incorrect

family circumstance especially if children concerned are taken in to consideration.

Brieandme · 21/02/2023 07:13

Technically there can be leniency but in practice it's an automatic ban. Inconvenience (including the need to find a new job) isn't an exceptional reasons defence. Exceptional reasons to prevent losing a licence are incredibly rare to be granted.

My brother received the same a few years ago. He smokes cannabis after work, he was stopped the next morning (random stop, no issues with his driving, the police were doing a campaign about drink & drug driving - it was near Xmas) The tests for drug driving are much stricter, there isn't really a 'safe' limit, the limits are set at 'if it's detected' sort of limit. He received a year ban. His job required a car, he lives in an area with minimal public transport and his job included deliveries, he was also the main carer to our mum who had had a stroke and couldn't walk. He lived alone and had no other income. The legal advice was not to try and contest, accept it and make alternative arrangements - get another job and get taxis with mum.

I know of others who assumed they'd get leniency due to being single parents of children with special needs and having different school runs etc, again no leniency - get taxis.

Ultimately the ban is expected to be inconvenient and expensive - so it being so for the family isn't a defence.

Zanatdy · 21/02/2023 07:17

Gwen82 · 21/02/2023 06:57

Incorrect

family circumstance especially if children concerned are taken in to consideration.

Show quote history

Yes they are listened to, but most drink and drug driving offences are ban’s. Even if it means people losing jobs. It depends on the judge but then aren’t going to say oh we won’t ban your then if your wife doesn’t drive. That’s what I’m saying

Gwen82 · 21/02/2023 07:17

Exceptional reasons to prevent losing a licence are incredibly rare to be granted.

Sole income family
with dependent children
and job reliant on license

would be justification if first offence and no intent to sell for a fine.

No court wants to punish the children in a situation like this of a first offence

Zanatdy · 21/02/2023 07:18

Brieandme · 21/02/2023 07:13

Technically there can be leniency but in practice it's an automatic ban. Inconvenience (including the need to find a new job) isn't an exceptional reasons defence. Exceptional reasons to prevent losing a licence are incredibly rare to be granted.

My brother received the same a few years ago. He smokes cannabis after work, he was stopped the next morning (random stop, no issues with his driving, the police were doing a campaign about drink & drug driving - it was near Xmas) The tests for drug driving are much stricter, there isn't really a 'safe' limit, the limits are set at 'if it's detected' sort of limit. He received a year ban. His job required a car, he lives in an area with minimal public transport and his job included deliveries, he was also the main carer to our mum who had had a stroke and couldn't walk. He lived alone and had no other income. The legal advice was not to try and contest, accept it and make alternative arrangements - get another job and get taxis with mum.

I know of others who assumed they'd get leniency due to being single parents of children with special needs and having different school runs etc, again no leniency - get taxis.

Ultimately the ban is expected to be inconvenient and expensive - so it being so for the family isn't a defence.

Exactly. It needs to be really exceptional to not get a ban. As you say it’s meant to be inconvenient and if someone loses their job then that’s a consequence of making poor choices. It’s incredibly rare that they don’t ban someone due to family circumstances

Brieandme · 21/02/2023 07:19

A quick Google shows how exceptional reasons might be granted, and it's not what you think -

mchaleandco.co.uk/solicitors-for-you/motoring-offences/drink-drug-driving-special-reasons/#:~:text=Emergency%20%E2%80%93%20if%20you%20can%20show,accepted%20as%20%E2%80%9Cspecial%20reasons%E2%80%9D.

  • typically only apply if the reason for driving while under the influence was an emergency, eg to take someone to A&E from a rural location with no other transport.
  • or sufficient evidence that the defendant was a victim of spiking
Gwen82 · 21/02/2023 07:21

What’s his job op?

Is public transport an option?

if not ie a self employed electrician and sole income family with dependent children and first offence…

Brieandme · 21/02/2023 07:21

@Gwen82 they do! It's a punishment....
Drink and drug driving in the UK is pretty much a zero tolerance approach.

Gwen82 · 21/02/2023 07:23

And of course depends on level

Gwen82 · 21/02/2023 07:24

Op please do come back and update when you know!

I will bow out now as school run! 😂

ILoveASpreadsheet · 21/02/2023 07:25

Gwen82 · 21/02/2023 07:17

Exceptional reasons to prevent losing a licence are incredibly rare to be granted.

Sole income family
with dependent children
and job reliant on license

would be justification if first offence and no intent to sell for a fine.

No court wants to punish the children in a situation like this of a first offence

These exceptions relate to when 12 points are accrued to speeding, phone or insurance type offences not drink or drug driving.

Daisy95 · 21/02/2023 07:33

I know 2 men that both got caught drug driving and neither got banned due to being farmers and needing to drive, I think they got fines and maximum points.

Original poster
laundryschmaundry · 21/02/2023 07:52

Gwen82 · 21/02/2023 07:21

What’s his job op?

Is public transport an option?

if not ie a self employed electrician and sole income family with dependent children and first offence…

He's a labourer on a construction site. Current job is over 20 miles away with no public transport

OP posts:
Brieandme · 21/02/2023 08:10

OP for drug or drink driving, the job rarely counts. Usually for exceptional reasons to avoid a ban, there has to be a unusual reason why he was drug/drink driving in the first place. It's different to other driving offences which could be explained by lack of concentration, ie not an intentional offence. Whereas drug driving or drink driving is something that is assumed he chose to do. Therefore there isnt usually a defence.
I've known several people in the trades receive bans and they just had to negotiate lifts from colleagues (Round here cannabis smoking seems to be very common for young lads in construction)

Bayleaf25 · 21/02/2023 08:12

I only know one person recently convicted of drug driving (caught while stationary with one joint) they were 19 and it was a first offence. Yes they received a 6 month ban, a fine, and they were also kept in cells overnight! A harsh but necessary lesson.

PrincessPeach92 · 21/02/2023 08:17

I always wonder on threads like these how many posters would get a taxi to work when they'd had a bad night's sleep. Given that driving tired is statistically more dangerous than driving drunk.