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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
MelonFarmer · 21/02/2023 23:27

Big clampdown on drug driving atm. Doubt he’s getting away with it, and rightly so as well.

Brieandme · 21/02/2023 23:45

Drug driving has always been dealt with strictly, and very different to 'totting up' offences. There can be mitigating circumstances for points - lapse of concentration. Not a defence, but carelessness rather than intent.
There's no defense for drug driving. There's no circumstances that drug taking is acceptable or reasonable to do before driving a car (except for the ones I mentioned earlier in thread - unplanned driving due to an emergency situation where the risk of death/injury is felt to be greater than the risk of driving, and someone being spiked)

Fwiw I don't personally agree with how the drug driving laws compare to drink driving, but it's not about 'getting on my high horse'. Whether I agree with the law or not it's the law, I'm reliant on my car so I don't do it. My brother learned the hard way with his ban.
I suffer from headaches and sleep issues relating to that and I won't drive if it's a problem.

GreenFingersWouldBeHandy · 21/02/2023 23:50

Well, your SIL needs to get a job. And quickly.

Stars1979 · 22/02/2023 00:06

Im sorry but there is a lot of misinformation on this thread....
Firstly.....he will be charged or summonsed for drink driving if blood come back above the drug driving limit
Secondly if he pleads guilty or is found guilty he will receive some kind of penalty plus a mandatory disqualification of a minimum 12 month. There is no discretion.
Thirdly...there is something called special reasons as mentioned above. This is rarely argued but if it is evidence is usually called like a mini trial and the argument goes to the offence itself and not the person as mentioned above eg drove as an emergency, spiked drinks.
Lastly pls ignore the misinformation about exceptional hardship reasons this only applies to totting up, 12 or more points on licence leading to minimum of 6 month disq, in those circumstance can try to argue these personal reasons but drug driving does not carry points so doesnt apply.
Drug driving is a mandatory disq.

Hope it helps

DdraigGoch · 22/02/2023 07:14

PrincessPeach92 · 21/02/2023 22:06

Obviously it's harder to measure sleep deprivation but I'd like to see more robust advice on time you should spend driving continuously, plus stricter rules on working hours for people driving for a living.

I'm assuming then that you have a robust understanding of the current WTD and EU Driver's Hours regulations?

I'm aware of the rules regarding HGVs and PSVs. Taxi and van drivers however have little to no regulation of their working hours, there's no requirement for a tachograph to be fitted, nor in most cases for driving hours to be recorded manually. 40% of sleep-related accidents involve a commercial vehicle.

MoreSleepPleasee · 22/02/2023 07:50

Gwen82 · 21/02/2023 16:00

Come again?

You have reported to the police that your brother regularly is driving his children under the influence of drugs and they “don’t care”? 🤔

To be fair I reported my sister awhile ago for regularly driving around drunk and she's still driving. And still a drunk.

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