56 Drugs and driving

Drugs and driving

56  Drugs and driving

(1)     After section 5 of the Road Traffic Act 1988 (“the 1988 Act”) insert—

“5A Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit

(1)     This section applies where a person (“D”)—

(a)     drives or attempts to drive a motor vehicle on a road or other public place, or

(b)     is in charge of a motor vehicle on a road or other public place,

and there is in D's body a specified controlled drug.

(2)     D is guilty of an offence if the proportion of the drug in D's blood or urine exceeds the specified limit for that drug.

(3)     It is a defence for a person (“D”) charged with an offence under this section to show that—

(a)     the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,

(b)     D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and

(c)     D's possession

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