FAQ
If you are convicted of driving or attempting to drive under the influence of cannabis the court must impose a minimum disqualification of 12 months unless special reasons exist.
Special Reasons are classed as "extenuating circumstances attached to the commission of the offence" that if found to be present can allow the court to impose penalty points rather than the mandatory ban.
Special reasons may include: shortness of distance driven, genuine medical emergency or driving a vehicle to avoid danger such as an attack from others. The circumstances that can give rise to "Special Reasons" are not closed and accordingly we will always consider whether "Special Reasons" could be argued in your case. For example: being misinformed about the side affects of a prescribed drug may constitute a "Special Reason" for not disqualifying.
If you are convicted of being in charge of a motor vehicle whilst under the influence of drugs there is no mandatory ban. The court can deal with the matter by way of a discretionary ban or alternatively impose 10 penalty points.
Convictions which are not spent for the purposes of the Rehabilitation of Offenders Act 1974 will have to be disclosed to a future employer.
If you receive a financial penalty or a Community Order the conviction will not be considered "spent" for a period of 5 years.
If you receive a prison term of up to 6 months the conviction will only become spent after 7 years.
However certain jobs will require you to disclose even "spent convictions" regardless of the age of the conviction such as jobs that involve the employee working with children or vulnerable adults etc.
Of course you may have to disclose the conviction to your current employer under the terms and conditions of your employment contract particularly if you are required to drive as part of the job or drive to work.
Representation by one of our Motoring Law Specialists may result in the case being discontinued prior to trial or you being found not guilty at trial. Call us today for a free initial consultation.
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