Driving whilst unfit through drugs

Abstract

Forensic medical examiners (police surgeons) are often asked to conduct an examination and provide an opinion as to whether the ability of a detained person to drive a motor vehicle properly was impaired through drugs (section 4, Road Traffic Act 1988). Debates in medico-legal fora have demonstrated that some forensic medical examiners are unclear as to whether a blood sample for drugs analysis can be lawfully requested if there is no demonstrable evidence of impairment at the time of the examination. Correspondence in the Medico-Legal Journal 1 regarding this dilemma received responses from two eminent lawyers 2,3 to the effect that the condition (of impairment) referred to in the Road Traffic Act 1988 related to when the offence was allegedly being committed, i.e. when the person was driving, attempting to drive or in charge of a vehicle. Therefore, if there is sufficient evidence from other sources (e.g. police officers, eye witnesses) of impairment at the time of the offence, regardless of whether there is evidence of impairment at the time of the examination, then it is lawful to obtain a blood sample for drugs analysis; this allows for the fact that the effects of certain substances (e.g. cannabis, solvents) are short-lived. The following report describes a case recently heard in the Court of Appeal 4 which concurs with the views of these lawyers. The case involved the appellant (L), who was stopped having apparently just avoided a head on collision with a police car. The arresting police officers noted red eyes, slurred speech and a slow response to questions. L did not smell of 'intoxicating liquor' but admitted that he had recently smoked a cannabis cigarette; he produced some cannabis resin. He was arrested for driving under the influence of drink or drugs.