When Nick was pulled over on an ordinary weekday evening, the last thing he expected was to be accused of drug driving. He had done nothing wrong, felt completely in control of his vehicle and had certainly not taken any illegal substances. However after a routine roadside test followed by a blood sample at the station, Nick was informed he had tested positive for benzoylecgonine, a metabolite that can trigger a false positive for cocaine, even when no cocaine has been consumed.
What began as a routine stop quickly spiralled into a criminal charge that threatened his livelihood, reputation and future. Nick felt confused, distressed and, above all, wrongly accused. He knew he needed specialist help. That’s when he contacted Momentum Solicitors.
Understanding the Charge: When Science Misleads
Nick’s alleged offence took place earlier this year. He was driving home after work when officers stopped him as part of a local traffic initiative. Despite showing no signs of impairment, he was asked to complete the standard drug-wipe test. When the initial swab suggested a positive reading, he was taken to the station for a blood test.
The blood results later reported the presence of benzoylecgonine, a compound that remains detectable long after any actual impairment would have passed and crucially, one that can appear due to non-recreational factors. In many cases like Nick’s, the presence of benzoylecgonine does not indicate drug use at all. However, under current law, even the mere presence of this compound can lead to a drug-driving charge.
Being told he had “tested positive for cocaine” devastated Nick. He knew it wasn’t true, but the law is highly technical and he needed someone who understood it better than anyone else.
Momentum Solicitors Step In
Nick found Momentum Solicitors after researching firms experienced in wrongful drug-driving cases. He spoke with Jacob, one of Momentum’s drug-driving specialists, who immediately recognised the signs of a charge built on misleading scientific interpretation. Jacob explained that Momentum had successfully defended many similar cases – circumstances where benzoylecgonine was detected despite no unlawful drug use.
Jacob reassured Nick that he had a strong defence and that Momentum would handle every stage of the process, from obtaining disclosure to challenging the prosecution’s evidence.
Building the Drug Driving Defence
Momentum’s team began by examining the prosecution case in detail, identifying several weaknesses:
- Lack of impairment evidence: Officers acknowledged Nick showed no signs of impaired driving.
- Scientific ambiguity: The presence of benzoylecgonine alone does not prove consumption or impairment.
- Procedural concerns: Momentum scrutinised the testing process, documentation, and chain of custody.
Momentum’s strategy focused on the scientific flaws in relying solely on benzoylecgonine levels and the absence of supporting behavioural evidence. Jacob worked closely with Nick, keeping him informed and prepared for each step, which made an otherwise overwhelming situation far more manageable.
The Outcome: Drug Driving Charge Dropped
On the day of the hearing, Momentum challenged the prosecution’s case head-on. After reviewing Momentum’s specialist submissions and the evidence presented, the prosecution accepted they could not safely secure a conviction. As a result, the charge was formally dropped in court.
For Nick, the relief was immense. What began as a frightening and unjust accusation ended with his name cleared. No conviction, no penalty and no lasting damage to his record.
If You’re Facing a Drug-Driving Charge, Momentum Can Help
Nick’s case is far from unusual. Drug-driving law is complex, and false positives, especially involving benzoylecgonine, happen more often than many realise. If you or someone you know is facing a similar charge, the worst thing you can do is go through it alone.
Momentum Solicitors offer a free initial assessment of your case and will tell you honestly whether you have a defence.
If you’ve been charged with drug driving, contact Momentum Solicitors today. We’re here to help you fight back.
