Absolute Discharge Drug Driving

Our client was accused of driving whilst under the influence of cannabis. He was approached by the police at the time and arrested. We were instructed to try to remedy this situation.

A plea of not guilty was entered and we reviewed the evidence in the case. 

There was an obvious lack of corroborated evidence regarding the act of driving. We negotiated with the Crown to have the charge reduced to simply being 'in-charge' of the vehicle.

Our Mr Simpson attended Aberdeen Sheriff Court on 16th October 2024 to deliver a plea-in-mitigation.

The Sheriff was persuaded to grant an Absolute Discharge. This is a highly unusual course of action and was due only to the plea delivered by our Mr Simpson.

From the Scottish Sentencing Council:

Absolute Discharge

"When a person is guilty of a charge, the judge can decide to 'discharge' them (unless the sentence for the offence is fixed by law). This means that no punishment is given. In solemn (more serious) cases, a conviction is recorded. In summary (less serious) cases, no conviction is recorded, however, for some purposes (for example if the person is convicted of another crime in the future), it may be regarded as a previous conviction. An absolute discharge is only given in exceptional circumstances."

 Kept Licence!