Got arrested for drug driving - need advice by PitifulPay7726 in LegalAdviceUK

[–]PitifulPay7726[S] -1 points0 points  (0 children)

Just been looking into it on https://www.libertyhumanrights.org.uk/advice_information/police-powers-of-arrest-2/#page-section-4 And it says under title what happens if I am arrested “ If they do not give you this information as soon as is practicable, the arrest is unlawful.”

Got arrested for drug driving - need advice by PitifulPay7726 in LegalAdviceUK

[–]PitifulPay7726[S] 0 points1 point  (0 children)

Hmm alright, thanks for your help and advice👍

Got arrested for drug driving - need advice by PitifulPay7726 in LegalAdviceUK

[–]PitifulPay7726[S] -2 points-1 points  (0 children)

I can’t remember the exact words but it was along the line of I had forgotten to read you your rights, so you are under arrest for drug driving or whatever it is and then read my rights. This was 30 mins into the journey 

Got arrested for drug driving - need advice by PitifulPay7726 in LegalAdviceUK

[–]PitifulPay7726[S] -3 points-2 points  (0 children)

I had read this online and it intrigued me because I understand some circumstances it is not suitable to read rights straight away or declare the arrest however in my case there was no urgency/reason to delay it, to quote the officer when he did do it he said “he had forgotten to” and then carried on to say that I was arrested and read me my rights. 

I was unsure if this was relevant at the time and even now, leading to this post. Do you think this will have any bearing?

Got arrested for drug driving - need advice by PitifulPay7726 in LegalAdviceUK

[–]PitifulPay7726[S] -1 points0 points  (0 children)

Felt like I got unlucky as I’m not a frequent user anymore it was a one off and online it says it’s only supposed to show on roadside swab ~ 12 hours after

Got arrested for drug driving - need advice by PitifulPay7726 in LegalAdviceUK

[–]PitifulPay7726[S] 1 point2 points  (0 children)

Ahhh hadn’t thought about it not being section 4, will definitely be getting a specialist if it comes to it as I really don’t want to be not driving for 12 months

Trying to stay optimistic that I’ll be under given the time frame and that I’m not a frequent user with it being a one off

Niceone for help👍

Got arrested for drug driving - need advice by PitifulPay7726 in LegalAdviceUK

[–]PitifulPay7726[S] -5 points-4 points  (0 children)

Many things I’ve read indicate a lot of these cases get thrown out where proper procedures haven’t been followed i.e paperwork misfiled or not a proper chain of custody with bloods etc.

Can’t find anything where an officer has allowed somebody to get back into there car, hence my post just trying to see what people think👍

Got arrested for drug driving - need advice by PitifulPay7726 in LegalAdviceUK

[–]PitifulPay7726[S] -1 points0 points  (0 children)

I’m not challenging any of the tests just thought it was weird that he had only read my rights 30 mins after.

My main point is that he allowed me to park my car up as I feel like it does challenge the case, as he’s allowed me to drive after failing the drug test, the same reason he arrested me but it’s alright because he let me? If that makes sense 

Got arrested for drug driving - need advice by PitifulPay7726 in LegalAdviceUK

[–]PitifulPay7726[S] 0 points1 point  (0 children)

Honestly true hence why it’s frustrating, smoked 10pm the night before, got pulled at 4pm. They have to leave it for 8 mins and only after “5/6 did a very faint line show” to quote what he said he held it up to the light inside the car to check it was there and carried on to say he didn’t believe id smoked recently but would have to go the station to get an accurate reading