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Red Herring · 08-02-17, 05:40 PM

The offence is being unfit through drink or drugs. The clue is in the name. If you have no effects then you are not going to be unfit. If however you are riding/driving all over the road (or involved in a crash) and the officer breath tests you with a negative result they are going to suspect drugs. They will then arrange for you to be promptly assessed by a doctor (i.e.: you get nicked) who will offer their opinion as to whether you may be under the influence of some drug and this, together with any other evidence (blood test, packet of prescription drugs found in your pocket etc etc) may justify a charge against you.

So in short the offence consists of two elements. One that you are unfit to drive/ride which means that your ability to drive is in some way impaired (so even a "little bit" is sufficient) and two, that the impairment was due to drugs. Just because your doctor says you're OK to drive that won't necessarily get you off if you are indeed impaired by them, (although it would be very good mitigation if it were true). This is because the police regularly get someone who is actually stoned out of their brain on something completely illegal claiming it must have been their prescription medicine that caused it.........

In reality no doctor is going to say it is OK to drive if the medicine can even remotely impair your ability, and the packet will have all sorts of warnings all over it.

08-02-17, 05:40 PM	#5
Red Herring Member Mega Poster Join Date: Dec 2007 Posts: 2,708	Re: Medication and Riding The offence is being unfit through drink or drugs. The clue is in the name. If you have no effects then you are not going to be unfit. If however you are riding/driving all over the road (or involved in a crash) and the officer breath tests you with a negative result they are going to suspect drugs. They will then arrange for you to be promptly assessed by a doctor (i.e.: you get nicked) who will offer their opinion as to whether you may be under the influence of some drug and this, together with any other evidence (blood test, packet of prescription drugs found in your pocket etc etc) may justify a charge against you. So in short the offence consists of two elements. One that you are unfit to drive/ride which means that your ability to drive is in some way impaired (so even a "little bit" is sufficient) and two, that the impairment was due to drugs. Just because your doctor says you're OK to drive that won't necessarily get you off if you are indeed impaired by them, (although it would be very good mitigation if it were true). This is because the police regularly get someone who is actually stoned out of their brain on something completely illegal claiming it must have been their prescription medicine that caused it......... In reality no doctor is going to say it is OK to drive if the medicine can even remotely impair your ability, and the packet will have all sorts of warnings all over it. Last edited by Red Herring; 08-02-17 at 05:41 PM.