Motorists who fail roadside drug tests are being allowed to continue driving for up to six months due to a backlog in processing confirmatory blood samples. Some of these drivers have gone on to cause fatal accidents while awaiting their results.
The delays have been described as “unacceptable” by the families of victims killed by drug-drivers on bail.
Mother-of-two Jane Hickson was killed just metres from her home in Chester when her car was struck by a motorist who had driven through a red light. It later emerged that the driver, Paul Wright, had been on bail for drug-driving, having tested positive at the roadside six months earlier. Police were still awaiting his blood test results at the time of the fatal collision.
Her husband, John Hickson, told Sky News:
“The fact is that those people are out there, driving under the influence of drugs as we’re sat here now. People are at risk, and I don’t think that’s acceptable.
“It’s hard to move on from something that was such a senseless way for Jane to die. I think it’s also completely avoidable. I think, as a society, we have to do something about it. They need to be off the roads as soon as possible.”
Many believe the system for dealing with drug-drivers has failed to keep pace with the swift action taken against drink-drivers, who are generally banned within days following confirmatory breath tests at police stations.
At a time when more people are being arrested for drug-driving than drink-driving across the UK, experts highlight international systems such as those in France and Australia, where saliva-based evidential tests can confirm results within days.
Ean Lewin, founder of D.tec International, which supplies roadside drug testing kits to UK police forces, said:
“Saliva is a perfectly acceptable solution, and it can be processed in the laboratory much quicker.
“If we could have an evidential confirmation within a week, we could maybe get them in court the week after, which is the same timescale as is acceptable at the moment for alcohol.”
In January, Minister for the Future of Roads Lilian Greenwood acknowledged the issue during a Commons session, saying she had heard concerns first-hand while on patrol with police.
However, any new measures will come too late for the family of Tim Burgess, who died in a collision in July. His partner was left with life-changing injuries.
The other driver, Joshua Eldred, was found to be two-and-a-half times over the cocaine limit and 16 times over the limit for a compound indicating recent cocaine use. Eldred had been involved in a crash just ten days earlier and had been released on bail pending blood test results, which subsequently confirmed cocaine use.
Tim Burgess’s sister, Linzi Stewart, has launched a campaign to push for a change in the law. She said:
“I think people just think they can take drugs and get behind the wheel and get away with it because there isn’t an effective system in prosecuting and charging them. There isn’t enough deterrent.
“Road deaths have almost become normalised and there’s so much complacency in the UK around road deaths.”
The National Police Chiefs’ Council (NPCC) declined to comment further but previously called for new powers to allow officers to disqualify drink or drug-drivers instantly at the roadside. On the blood sample delays, the NPCC stated:
“The NPCC has been aware in the past of difficulties in the processing of drug-drive blood samples, with backlogs and delays up to six months in some cases. However, currently the position is much different with the majority of cases now being processed within six months.”
Nevertheless, families argue that even months-long delays continue to put lives at risk.
Linzi Stewart added:
“I don’t feel angry with the offender because I feel that, if he had been dealt with ten days previously, he hopefully would have learned his lesson.
“His family’s life has been destroyed, his life’s destroyed, our lives are destroyed. If it had been dealt with at the time, then we wouldn’t be where we are now.”
A government spokesperson said:
“We take road safety extremely seriously, and there are already strict penalties in place for those who are caught drug driving.
“Drug testing is a complex forensic process that must meet strict legal and scientific standards. We are working closely with policing partners to improve efficiency while ensuring the integrity of results that support prosecutions.
“Our roads are among the safest in the world, but we are committed to improving road safety and reducing the number of those killed and injured on our roads.”
About Carl Millar
Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.
Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.
With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.
Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535, or click here to send a confidential message.
