confused and need some help - Robert lee Fletcher

I was convicted of a drug driving offence in february 2017 and was banned for 12 months and recieved a fine. I recieved a letter from the crown prosecution service about 2 weeks ago 12.12.2018 almost 2 years later saying that the toxicology results used in the court case were later found to be unreliable and were restested.

When I was 1st tested I was found to be more than 4 times the legal lmit. Legal limit for cannabis is 2.0ug per litre of blood my result came out at 8.6ug. After the retest I was found to be well under the limit at 0.6ug.

But the letter then goes on to say that its posslibe that the sample had degraded because of the time taken between the 1st test and the 2nd test. Then says we bring this issue to your attention so that you make take action you consider appropriate or pass this information to my solicitor but I was represented by the duty solicitor during the court case.

I am at a loss with what to do or if I can do anything with this information but I feel like I wouldnt have recieved this letter if there was nothing I could do about it. Hence the question. Can you help me!! Have you ever seen or heard anything like this before?? If so please please reply. Many Thanks

confused and need some help - RT

You could appeal the original conviction but it would be up to the court to decide how much, if any, of degradation they take into account - you really need some basic advice from a solicitor.

confused and need some help - Bromptonaut

Seem to recall reading some reports in papers recently about various forensic screw ups which seem to follow on from contracting out of such tests several years ago.

As RT says you need proper legal advice. I'd normally suggest contacting your local Citizens Advice and seeing if they have pro bono (ie free) appointments with a solicitor but this is pretty specialised.

There are plenty of solicitors who advertise their expertise in the drug driving field via Google and other places. Try and find three names local to you and give each of them a call. Most will give you 5-10 minutes of their time to give you an idea of the hurdles that need to be jumped and the likely cost.

If the CPS will offer no evidence and no objection to appeal out of time then it may be pretty simple.

confused and need some help - Palcouk

You need legal advice from a solicitor, initial advice should be free

confused and need some help - Simon

If it's all done and dusted, why not just leave it be and let it be water under the bridge, why drag it all back up again?

Besides I'm going to guess that you were guilty of the offence that you were prosecuted for anyway as you haven't denied it, and the only questionable bit is the amount present in your system.

Edited by Simon on 31/12/2018 at 20:46

confused and need some help - Brit_in_Germany

Why? Because appealing sounds as though it would have a good chance of being succesful meaning that the conviction would be expunged from the record so getting insurance would be more straightforward and cheaper, let alone the less straightforward benefits such as travelling to the States using the ESTA programme.

confused and need some help - focussed

Here is a link to a firm of solicitors who are currently active on this subject.

www.hudgellsolicitors.co.uk/news/civil-liberties/l.../

No connection - I just found them by searching the internet.

confused and need some help - concrete

I agree Brit, it up to the CPS to provide credible evidence of your guilt and a court to weight the evidence and come to a verdict. If that due process has been corrupted then it needs to be rectified. If the conviction were expunged then there may be some compensation, but I wouldn't bank on any life changing amount. Also it may be your insurer could be persuaded to remit part of the previous premiums in view of the fact your found not guilty after all. However to do all this you need all your ducks in a row. firstly a consultation with a specialist solicitor, not a high street conveyancer. It may be legal aid is available or your legal costs can be recovered upon the appeal being successful. To ascertain all this good advice is needed.

I don't agree with spurious claims but if this really is the perversion of justice it appears then I would be inclined to pursue the matter. Good luck.

Cheers Concrete

confused and need some help - gordonbennet

I don't agree with spurious claims but if this really is the perversion of justice it appears then I would be inclined to pursue the matter. Good luck.

Cheers Concrete

Agree with those sentiments entirely, i too cannot abide the general claimsRus culture, but if someone has been wronged, and this appears to be the case here, then it wants putting right, your reputation restored (goodness knows what future job/travel/emigration prospects could have been ruined), and suitable restitution awarded.

confused and need some help - concrete

I don't agree with spurious claims but if this really is the perversion of justice it appears then I would be inclined to pursue the matter. Good luck.

Cheers Concrete

Agree with those sentiments entirely, i too cannot abide the general claimsRus culture, but if someone has been wronged, and this appears to be the case here, then it wants putting right, your reputation restored (goodness knows what future job/travel/emigration prospects could have been ruined), and suitable restitution awarded.

Great minds gordon!!! You and Brit are quite correct. The prospects for a lot of applications in the future could be permanently jeopardised if this is situation is not rectified.

I hope the OP will let us know the outcome of any action he takes.

Cheers Concrete

confused and need some help - HGV ~ P Valentine

Did you take drugs that day ?? The report is no more then red tape but did you actually take drugs while driving or close enough to driving before going out on the road ?

The police are duty bound to give you all the alternatives, often it is used as a template and is not individual to your case, like reading your rights.

Lawyers will always try and tell you that you need a lawyer as they are earning money from it, I have never come across a lawyer who will tell you the are not needed while there is money to be made.

Edited by Avant on 08/02/2019 at 00:20

confused and need some help - gordonbennet

^^^^ SPAMMER ^^^^ do not click on whatever that may be

(Thanks GB - spammer removed)

Edited by Avant on 07/02/2019 at 23:32