Drug Driving - Driving whilst ecstasy present in blood - no finding of guilt and licence saved

We represented a client who was charged with driving whilst there was ecstasy present in his blood.

The client was a builder, who ran a small business and required his licence to work.

After taking proper instructions from the client, we advised the client to seek counseling from a psychologist to deal with underlying mental health issues and related alcohol abuse and drug taking.

The client underwent counseling and a thorough report was obtained from the psychologist.

It was submitted to the Court that the community would be better served if the client was not dealt with according to the criminal law but instead, dealt with under section 32 of the Mental Health (Forensic Provisions) Act.

The Magistrate agreed and the charge dismissed, on the basis that the client had to follow the directions of his psychologist.

The client got to keep his licence and maintain his business but more importantly, receive the ongoing counseling her required.