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Cannabis smoker from West Malling banned from driving for 12 months after being pulled over in London Road, Larkfield

A weed smoker who was pulled over after not wearing his seatbelt was found to be driving whilst unfit through drugs.

Lewis Colegate, 35, was spotted by patrol officers driving his VW Golf without his seatbelt on the A20 London Road, in Larkfield, so they indicated to him that they wanted to pull him over.

Colegate was pulled over in Larkfield and police asked him to pull into the Morrisons supermarket car park. Stock picture: Morrisons
Colegate was pulled over in Larkfield and police asked him to pull into the Morrisons supermarket car park. Stock picture: Morrisons

They asked him to pull into a nearby Morrisons supermarket car park so they could talk to him but as they neared his vehicle officers smelt cannabis and noticed that Colegate, of Woodland Close, West Malling looked nervous and officers said he had red watery eyes.

As a result they did a drug swap swipe on him which tested positive and they noticed he kept putting his hand down the side of his seat.

When officers searched the vehicle on May 25 last year, they found a small amount of cannabis inside.

Colegate was arrested and a blood test was carried out on him and he was found to have 0.5microgrammes per litre of blood of THC in his system, the legal limit is 2.

However, because of the way he presented to officers on the day in question, he was still deemed unfit whilst unfit through drugs and was charged with the offence.

Colegate was sentenced at Medway Magistrates' Court. Stock picture
Colegate was sentenced at Medway Magistrates' Court. Stock picture

He was also charged with being in possession of a Class B drug and admitted both offences when he appeared before magistrates in Medway on December 2.

Colegate appeared via video link from a police station as he'd been arrested the night before for failing to show up for a court appearance in January this year.

However, magistrates also heard Colegate had been sent a postal requisition notice to inform him he was being charged with the two offences and his court date, but had moved after he'd been arrested, so never actually got the letter, meaning he knew nothing about the court date in January.

Neil Sweeney prosecuting said: "He was pulled over at about 8.20pm on May 25 last year after being seen driving without his seatbelt.

"Officers smelt cannabis as they went to the car and he was seen acting nervously and had watery red eyes.

Colegate told officers he used cannabis to help him to sleep. Stock picture: Thinkstock Image Library
Colegate told officers he used cannabis to help him to sleep. Stock picture: Thinkstock Image Library

"After being arrested he admitted to offices he used it (cannabis) to help him sleep at night."

The court also heard Colegate, a ground worker had never been in trouble before and that he lived with his parents.

Magistrates banned him from driving for 12 months and fined him £120 for the driving offence. He was also ordered to pay a £34 victim surcharge and £85 costs.

The bench deemed the time he'd spent in custody overnight punishment enough for the possession of cannabis offence.

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