Driving, or being in a charge of, a motor vehicle with concentrations of specified controlled drugs in excess of specified levels
Produced in partnership with Laura Stephenson of 2 Hare Court Chambers
Driving, or being in a charge of, a motor vehicle with concentrations of specified controlled drugs in excess of specified levels

The following Corporate Crime guidance note Produced in partnership with Laura Stephenson of 2 Hare Court Chambers provides comprehensive and up to date legal information covering:

  • Driving, or being in a charge of, a motor vehicle with concentrations of specified controlled drugs in excess of specified levels
  • The elements of the offence
  • Controlled drugs
  • Defences
  • Sentencing

STOP PRESS: The Sentencing Council has published offence specific guidelines for courts sentencing offences previously covered by a Definitive Guideline. The offence specific guidelines have been published online (and not in PDF or paper format) for both the magistrates’ courts and Crown Courts. They supersede and replace the PDF versions of the applicable Definitive Guidelines, which has been archived. The Sentencing Council has also published a new overarching guideline, which should be considered in respect of all sentencing exercises: the General guideline—overarching principles (the General guideline). This specifically designed to be used in conjunction with offence specific guidelines and covers seriousness as well as providing expanded explanations for aggravating and mitigating factors, culpability and harm, see Practice Note: Sentencing Council General Guideline—Overarching Principles. This Practice Note is being updated in light of these developments.

If a person drives or is in charge of a motor vehicle with a concentration of a specified controlled drug in their body which is above the legal limit, they will be guilty of an offence under section 5A of the Road Traffic Act 1988 (RTA 1988).

The elements of the offence

A person commits an offence if they:

  1. drive, attempt to drive, or

  2. are in charge of

  3. a motor vehicle

  4. on a road or other public place

  5. with a concentration of a specified controlled