Claiming Compensation After a Randox False Positive Drug Test

Photo of Kevin Donoghue, Solicitor, who discusses the consequences of a Randox false positive drug test.
Kevin Donoghue, Solicitor, discusses the consequences of a Randox false positive drug test.

By Kevin Donoghue, solicitor

Recently, I wrote about the Randox Testing Services scandal. In that blog post I outlined the issues and how people affected by a false positive drug test could seek justice and compensation.

Since writing that piece Donoghue Solicitors has been contacted by people who have been wrongly convicted using false positive drug test evidence. I recently spoke with one such client, John (name changed). We now represent him in his pursuit of justice.

Consequences of a False Positive Drug Test

In December 2016 John was pulled over by the police while driving. During the stop the police told him they wanted to perform a roadside drug test. John agreed as he had nothing to hide. To his shock, the result was positive for cannabis in his system.

Despite his protests, John was arrested for “drug driving” and escorted to a local police station. The police took a blood sample and bailed him, pending the outcome of a forensic drug test.

As required, John returned to the police station in February 2017. He was sure the test results would be negative. But the blood test report, provided by Randox Testing Services, came back with a (false) positive result for cannabis, recording a high rating of 5.5. This was over twice the legal limit.

The police charged John with drug driving. He was bailed to appear at his local magistrates’ court in February 2017. At court John discussed the matter with the duty solicitor. Even though he was sure the Randox Testing Services toxicology report was incorrect, the evidence was backed by science and bound to be accepted by the court.

He pleaded guilty and was convicted for “driving a vehicle when the proportion of a controlled drug exceeded the specified limit”. John got a 12 month ban, and was ordered to pay a £300 fine, victim surcharge, and costs. His local newspaper also published details of the case.

Effects of a Drug Driving Conviction

The conviction had a devastating impact on John’s life. He had no previous convictions and was upset and embarrassed by the stain on his character. The newspaper report meant that his family, friends, and local community knew what had happened. He felt guilty about letting everyone down.

The financial impact of the drug driving conviction was huge. John lost his job as an IT support professional because of it. Before his arrest, John’s well-paid role meant he had responsibility for IT systems in area schools. The job was demanding in terms of work, but also character, as only the most trusted professionals with clean records could do on-site school visits. When his company found out about the positive drug test they stopped him making on-site calls. He relied on his car to get to and from work and other jobs while waiting for his court date. But, after his driving ban, John’s employers felt that they had no alternative but to let him go.

Understandably, all this became too much for John. He felt helpless. He was depressed and frustrated at his circumstances and the loss of independence.

Setting Aside the Conviction

In February 2018, John’s duty solicitors contacted him out of the blue.

They said that the Crown Prosecution Service had been in touch and that John’s original sample of blood had been re-tested returning a result which was below the legal limit.

John’s criminal solicitors applied to the court to re-open the case on the basis that the prosecution relied on unsafe evidence, namely the false positive drug test. The magistrates accepted this argument and the CPS immediately withdrew the charge. This meant that John’s conviction and sentence had been set aside.

But by this time John had completed his 12-month ban and experienced significant personal and professional losses. Understandably, he felt wronged by what had happened. He contacted my firm after seeing that we are solicitors who help people who have suffered miscarriages of justice due to the Randox Testing Services scandal.

We are now working with John to help him get his life back on track. After everything he’s been through, justice and compensation from those responsible is the least he deserves.

Contact me if you have suffered after a drug test false positive from Randox Testing Services. Call 08000 124 246 (or 0151 236 1336) or complete the online form on this page.