A driver involved in a head-on crash that was not his fault nonetheless failed a roadside drug swipe, Bath magistrates heard.
Edward Westaway, of Underhill Lane in Midsomer Norton, appeared in court on Monday 6th October to admit drug-driving.
Prosecutor Jane Cooper told the court that at 2pm on 21st June, Westaway had been travelling along the A37 at Pensford when he was in collision with another driver who had been overtaking. That car ended up on its roof.
Westaway failed a roadside drug swipe and was arrested. He was taken to hospital where a blood test revealed he had 3.7 micrograms of Delta-9-tetrahydrocannabinol (the main psychoactive ingredient in cannabis) in 100 millilitres of blood. The limit is two micrograms.
Duty solicitor Bradley Axam said that Westaway was “no way at fault” regarding the collision and had a “great deal of unluck”.
He said Westaway had a drink-driving conviction dating from 2019 and had been an alcoholic, but decided to stop drinking more than five years ago and remains sober.
However, he takes cannabis to help him sleep occasionally. He had smoked some 12 to 15 hours before driving on 21st June and thought he was OK to drive.
As it was his second drink/drug-driving conviction within 10 years, magistrates had to impose an obligatory minimum driving ban of three years.
Mr Axam said the driving ban will have a “significant” effect on Westaway as he works in the motor trade industry and owns his own business. He said Westaway will likely have to declare himself bankrupt.
He also said the 34-year-old is “remorseful” and will stop using cannabis.
The court also heard that Westaway has an ongoing back problem because of the collision in which his vehicle was written off.
As well as a three-year ban, magistrates fined Westaway £461, imposed a surcharge of £184 and ordered him to pay prosecution costs of £85.
