Banned: Cannabis smoker just 0.1g over drug-drive limit . . . .
A MAN has found himself banned from the roads for a year after he was caught behind the wheel of a car when he was just 0.1g over the drug drive limit.
Alexander Shearman, 28, pleaded guilty to driving while over the drink drive limit and being in possession of cannabis when he was stopped by police on Tewkesbury Way on February 7 when he appeared before Swindon magistrates yesterday.
Crown prosecutor Keith Ballinger said Shearman, of Overbrook, had been stopped by police on routine patrol at around 9pm on after they spotted him driving on Whitehill Way.
They followed him onto Tewkesbury Way before pulling him over. Noticing a smell of cannabis coming from within the car they carried out a search on the V-reg Ford Focus he was driving and found a quantity of cannabis.
They then called for another officer to attend with a roadside drug swipe test, which showed there were signs of cannabis in Shearman’s system.
Shearman was arrested and taken into custody where he provided blood samples.
After analysis they showed he had 2.1mg of cannabis in his system – just 0.1 over the legal limit of 2mg. The legal limit is in place to allow for the possibility that the illegal substance could be inhaled accidentally through passive smoking.
“In interview he confirmed the cannabis belonged to him and that he had smoked cannabis about two hours before he was stopped by the police,” said Mr Ballinger.
His defence, Kirsty O’Connor, explained that although he had made full and frank admissions about the two offences in interview, he had been told he would only receive a police caution for being found in possession of the drug.
He entered not guilty pleas to the charges on May 25 as the samples had not yet been analysed by an expert to confirm whether he was actually over the limit, but changed his plea yesterday.
“Had this been a drink drive offence he would not have been charged,” said Mrs O’Connor. “But with drug drive charges it is a case of ‘you are over the limit, that’s it’. It was never an offence he didn’t accept – he smoked the cannabis.”
She explained on the night in question he had been to the cinema, and smoked half a cannabis cigarette before going in to see the film, and pointed out that police had not seen anything wrong with the manner of his driving that had prompted them to pull him over.
“He has no previous convictions, cautions or warnings on his record and was of good character,” she added.
“Since this incident he has stopped smoking cannabis, which he had been self-medicating to deal with anxiety and depression.
"He was working as a delivery driver which, of course, he will no longer be able to do.”
Sentencing him, chairman of the bench Peter Wells told him: “You really were just over the limit and had this been a drink-driving conviction you might not have been charged, so we have taken that into account.”
He banned Shearman from driving for 12 months and imposed a conditional discharge for the same length of time. He must also pay court costs of £100 and a £15 victim surcharge.
------------------------------
Wtf? If it was drink driving he may not have been charged?!!! Do these people really have any idea what they are talking about? Now I am not condoning
ANY form of impaired driving whatsoever, but personally, as a pedestrian, I would much prefer my chances against a driver slightly intoxicated with cannabis than one slightly intoxicated with alcohol.
I mean, seriously, how many poor decisions are made that are out of character for that person when they are drunk, compared to when they are high on weed?
For example, how many unplanned pregnancies occur because someone was simply too high to control themselves and take precautions? Not many I'd bet. But count that against the number of drunken instances. . . . and I think you all know where I'm going.
Madness & sadness.
Ugh! The news does my bleedin' head in!
Watch yaselves folks!