Two police forces in the south of England are to trial a groundbreaking new device capable of detecting nitrous oxide in a driver’s breath, in what is believed to be a world first in tackling drug driving.
Hampshire and Isle of Wight Constabulary and Thames Valley Police will be testing the technology as part of efforts to address what officers have described as an emerging threat on UK roads: drivers taking to the wheel whilst under the influence of laughing gas, also known as nitrous oxide, NOS or “hippy crack”.
The legal position on nitrous oxide
Nitrous oxide is classified as a Class C drug in England and Wales. Anyone found in possession of it faces a potential prison sentence of up to two years. Driving whilst impaired by any drug, including nitrous oxide, is a criminal offence under the Drug Driving (Specified Limits) (England and Wales) Regulations 2014.
A police spokesperson commented: “Driving under the influence of nitrous oxide is an emerging threat to the safety of motorists on our roads. Its use can cause unconsciousness and even neurological damage or death from suffocation of the oxygen supply to the brain. Tragically, our officers have already seen deaths connected to drivers who were under the influence of NOS. The innovative device is being tested by our officers to see if it can be used to detect if a driver is under the influence of this harmful drug. If successful, this could lead to these motorists being prosecuted for drug driving offences.”
How does the device work?
The breathalyser was developed by Respira Technologies, drawing on research from the Vrije Universiteit Amsterdam. The driver breathes into the portable device and results are available within a matter of minutes. Crucially, the device is capable of detecting nitrous oxide inhalation within the previous two hours, providing officers with a practical roadside tool that does not currently exist.
Acting Superintendent Emma Hart, of the joint operations roads policing unit, explained: “There is currently no device available that can prove a driver inhaled laughing gas, making prosecution difficult. That is why our forces are leading this testing phase, to break new ground and prove these devices can help save lives on our roads. Nitrous oxide is a growing issue, especially with young drivers who don’t understand the harm it can cause, so when we saw the opportunity to test this new technology, we knew how important it could be towards these devices being rolled out across the country.”
Simon Williams, RAC head of policy, added: “We welcome this important trial and hope it leads to the device being used by all police forces. Drug-driving is becoming far too common and so are its consequences. Having a means to detect anyone driving under the influence of nitrous oxide is a very positive step.”
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Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
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