This Thursday, November 7, the Lisieux criminal court tried a 37-year-old man for driving under the influence of drugs. On January 25, 2023, at 11:20 p.m., the Pont-l'Évêque gendarmes were called to Surville for a material accident. The driver of a sedan fell asleep and crashed into the back of a semi-trailer.
He is not an alcoholic but he tests positive for cannabis. His lawyer pleads the nullity of the report for a problem of conformity, technicality and traceability of the samples taken from his client, arguing that the laboratory in charge of the operation did not have the necessary accreditation: “He is not competent in saliva sampling. »
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“It was a legal purchase of a legal product”
His client opposed the first judgment which sentenced him, in February 2024, to a fine of €500 and a 10-month suspension of his driving license. He is a repeat offender for acts of May 30, 2018 but appears at the hearing with negative analyses. His two mentions in his criminal record for driving under drugs, “These are youthful mistakes. I stopped all consumption! »
The prosecutor is surprised that he did not request a second opinion. The defense lawyer recalls the difficulties of judging CBD consumers. “It’s not a narcotic. It has no psychotropic effects. It's completely normal that it was positive. »
He recalls that if CBD is today prohibited while driving, “At the time there was no information. It was a legal purchase of a legal product. There was no criminal intent. »
The court overturned the first conviction, rejected the conclusions of the defendant's lawyer and sentenced his client to a fine of €200.
