A 19 YEAR old driver believed ‘passive smoking’ was to blame for him testing positive for cannabis at the roadside.

Joseph Langley was not a regular user of drugs and his one only experience of cannabis had been at a music festival, Skipton Magistrates were told.

Langley was the first driver at Skipton to be offered a driver rehabilitation course for drugs use, with magistrates told it had always been available as for drink-drivers, but no one had asked before.

He was driving a Seat Ibiza in Skipton at 11pm on February 13 when he was stopped by police because of his speed, the court heard on Friday.

Langley was not alone in the car and because of a strong smell of cannabis he was asked to take a roadside drugs wipe test. The test was positive for cannabis, and he was taken to Harrogate Police Station where he refused to provide a blood sample for analysis.

Langley had understood the consequences of refusing to comply but had panicked, in fear of losing his job as an estate agent, the court was told.

Of previous good character, he admitted failing to provide a specimen at the station on February 14.

The court heard one of Langley’s passengers who he had not known well had ‘sparked up’ a cannabis joint and he had not felt confident enough to tell him to put it out.

He had only used cannabis once at a music festival and was not even a frequent drinker.

Mitigating James Holding, said no one was more critical of his client than Langley himself for not providing a sample. He said one of the passengers in Langley’s car had been smoking cannabis not him and that it was a case of passive smoking. But because he had not provided a sample, it was impossible to know for sure.

“Had he simply provided a sample, he might not have been here today,” he said.

Langley needed to be able to drive to carry out his job as an estate agent and he anticipated he would soon be unemployed.

Magistrates said there was no evidence of passive smoking but following a request from Mr Holding and after consultation with the legal advisor agreed to letting Langley attend a drink driver rehabilitation course which if completed will reduce his ban by a quarter.

Langley, of Kirk Lane, Yeadon, was banned from driving for 17 months, was fined £500 and ordered to pay a surcharge of £50 and costs of £85. If he completes the rehabilitation course, his ban will be reduced by 17 weeks.