Driver fails drug test after asking police about being pulled over

Youngster queried officers’ rights when he was stopped

A YOUNG driver questioned police officers’ rights to pull him over – but then tested positive for cannabis and was found to have a small stash of the drug under his seat.

Thomas Payne was “uncooperative” and refused to give his details in the initial stage of his roadside encounter with the Leicestershire Police officers, a court heard.

The officers stopped the 26-yearold in Castle Street, Hinckley, shortly after 5pm on Sunday, November 3.

As he continued to query the legitimacy of their actions, the officers detected the aroma of cannabis and searched his car - finding a quantity of the drug under the driver’s seat.

Officers conducted a roadside drugs test which detected almost three times the legal limit of cannabis in his system. Payne, of Jovian Drive, Hinckley, appeared at Leicester Magistrates’ Court to admit two charges - driving under the influence of cannabis and possession of the class B drug.

Prosecutor Stacey Mills said: “The defendant was driving his silver Ford Focus when police conducted a stop check.

“He was uncooperative at first and refused to provide details.

“Officers smelled cannabis and conducted a search and found a small amount of cannabis under the driver’s seat.”

He failed a roadside test and was taken into custody where a blood sample gave a reading of 5.7mg of the drug per litre of blood – the legal limit is 2mg.

His solicitor Simon Mears told the court: “The officer says he was obstructive, but Mr Payne says he was asking why he had been stopped.

“No reason was given to Mr Payne at the roadside.

“He was compliant after a few minutes and thereafter.

“He does suffer from some anxiety issues and going out and smoking cannabis calms him.”

Payne told the court he believed he had a right to refuse to a roadside drugs test.

District judge Nick Watson told him: “If you had refused to have a specimen taken you would have faced a more serious charge.

“You may think the police had no reason to stop you, but it turns out that they did.”

He was disqualified from driving for 12 months and fined £120.

He was also ordered to pay £85 prosecution costs and a victim surcharge of £32.