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Criminal Defence - Financial Crime - Personal Injury - Immigration - Medical Negligence - Serious Injury - Motoring Offences Drug Driving Section 5A of the Road Traffic Act 1988 as inserted by section 56 of the Crime and Courts Act 2013 – Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified level. Commencement date: 2 March 2015. The impetus for this offence was to catch the situation if a driver has taken drugs and drives but has avoidedprosecution, because there hasn’t been enough evidence to prove impairment as prescribed by section 4 RTA 1988, “Driving whilst unfit”. There are currently 16 drugs listed in the related Drug Driving (Specified Limits) (England and Wales) Regulations 2014. The levels have been set and stated in the regulation. They are based on figures from a panel of experts that has considered such factors as “accidental exposure”. It is important to note that this offence is not a “zero tolerance” offence as asserted by some. It is also important to note that the Police can only test for three drugs at this stage Cannabinoids, Benzodiazepines and Cocaine.
 
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