COMMENT BY NICK FREEMAN
Nick Freeman is a lawyer dubbed Mr Loophole
THE problem in England, Wales and Northern Ireland is that we have a virtually zero-tolerance stance to drugs in the body but not a zero-tolerance stance to alcohol. Our motorists can drive legally with the highest levels of alcohol in the system in all of the European Union: 80 milligrams of alcohol per 100 millilitres of blood.
Naturally, therefore, if anyone is involved in a fatal death while over that far-too-generous limit, they are bound to be dealt with severely in the courts. It would be very likely that the alcohol has affected their driving so they could end up being charged with causing death by dangerous driving as well as, obviously, drink-driving.
But we have zero tolerance of drugs, so after a fatal crash someone could be found to have cannabis in their system from a week ago and still be over the drugs limit when tested. That leaves police with a difficult task where they have to make a judgment. The person is over the prescribed drugs limit but, because the amount might be so low, has it actually contributed to this tragic accident?
I have been arguing for years that the acceptable alcohol limit in England is too high at 80mg and we must drop it to 50. Scotland did this recently. I can only assume that the reason England, Wales and Northern Ireland have not also brought the legal limit down is because the government enjoys the tax revenues from pubs and bars too much.
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