Motorist banned and fined after pleading guilty to drug driving

A Nissan car factory worker caught driving in Sunderland with illegal drugs in his system after a tip-off claimed in court his arrest was not entirely a fair cop.

Sean Kerry, 28, admitted a test taken after he was pulled over proved cocaine and cannabis were in his blood.

But Kerry, of Keighley Avenue, Downhill, challenged the officer’s claim he could smell cannabis coming from his VW Passat.

He insisted the PC who stopped him in North Moor Road, Farringdon, at 3.40am on Thursday, June 8, did not have a nose for drugs detection.

Defending himself in court, Kerry said: “He couldn’t have smelled cannabis in the car when he pulled me over because there was no cannabis in the car. I had cannabis at 8pm.”

Kerry admitted other facts outlined by prosecutor Paul Coulson – that he was over the limit for cocaine breakdown product BZE but under for cannabis – were correct.

The defendant, who has a single drugs conviction as a youth, pleaded guilty to a charge of drug driving - and was banned from the roads for 12 months.

Mr Coulson told South Tyneside Magistrates’ Court: “An officer was on mobile patrol when his attention was drawn to a vehicle being driven by this defendant.

“He followed to a McDonald’s and then as he drove to North Moor Road, and it was there he requested that the vehicle stop.

“He had received intelligence regarding cannabis, regarding this defendant, and that’s why he approached him.

“When he approached the car, he could smell cannabis and asked the defendant if he had smoked cannabis that night.

“The defendant was asked to give a saliva sample, which proved to be positive. He was arrested.

“It is high culpability because there was a specified drug in the defendant’s system.”

Kerry, who has a clean driving licence, gave a reading in blood for BZE of not less than 70mcg. The legal limit is 50mcg.

Cannabis breakdown product THC was also present but at below the legal limit and described by Mr Coulson as “a trace”.

Kerry was also fined £461 and must pay a £184 victim surcharge and £85 court costs.