Appeal a Drug Driving Conviction

Appeal a Drug Driving Conviction

Blood / Urine

What happens at a drug driving appeal?

An appeal to the Crown Court involves a complete re-hearing of the case. This means that all the witnesses are required to attend (from both sides) and should give evidence. You are entitled to raise new issues/defences as part of your appeal. We would recommend a full review of your case prior to appeal. We can then tell you what defences apply in your case. Common defences to drug driving include;

• Inaccurate police procedure
• Unlawful specimens of blood
• More than one blood sample taken
• Inadequate storage, handling or preservation of the sample
• Post driving consumption of drugs

It is always advisable to request the maximum number of prosecution witnesses attend your appeal. The officer, the nurse and the forensic scientist may be required to attend court and give evidence in person. If just one of these witnesses fails to show, you would normally win your appeal. 

Where would the appeal take place?

An appeal against conviction would take place in a Crown Court local to where the offence took place. A senior judge and two magistrates will listen to the evidence and make a decision. If you gave evidence in the Magistrates' Court you'll probably have to give evidence in the Crown. It is important that any solicitor representing you holds a full appeal 'run-through' before the hearing takes place. The purpose of the appeal run-through is to familiarise you with the appeals process. This will improve the quality 

Can you drive before your appeal hearing?

Yes. You can normally apply for the sentence to be suspended pending the outcome of your appeal. If the magistrates agree to suspend your sentence, you can carry on driving until the appeal hearing. You do not need to pay any court costs or the fine. If the magistrates refuse to suspend your sentence you can ask the Crown Court instead. 

Can you introduce new evidence at the appeal?

Yes. An appeal against conviction is a re-hearing of the case. This means that you are entitled to raise new defences and introduce new evidence. The CPS and court will need to know what evidence you intend to rely on, including the witnesses you want to call. be aware, the CPS may carry out background checks on your witnesses. 

The purpose of the appeal notice is to set out the reasons for the appeal. If the appeal notice is not completed correctly, the court may stop you from using a defence or calling a witness. Always consult a solicitor before lodging an appeal. 

Will the appeal take place in front of a jury? 

No. Your drug driving appeal will take place on front of a judge and two magistrates. The only way a drug driving case can be heard in front of a jury is if you are also charged with an 'either way' or indictable offence (such as death by dangerous driving). In these circumstances, the drug driving case follows the other more serious charges to the Crown Court. 

Do you get your money back if you win the appeal? 

Yes. In most cases the Crown Court will grant a Defence Costs Order. The purpose of the DCO is to compensate the defendant for money paid for legal fees. This process is automatic and can take 4 - 6 weeks. 

Can you abandon the appeal?

If you lodge an appeal and then decide not to proceed you can abandon the process part way through. You will need to give notice to all parties of your intention to abandon the appeal. You could be responsible for some of the prosecution's costs in dealing with the appeal. 

What are the risks involved in appealing a drug driving charge? 

The obvious risk is that the penalty might increase if you're not successful. This, however, is always unlikely and would mean the magistrates were unduly lenient when sentencing.