An unusual case of dangerous driving...

Our client approached us in connection with a serious accident which had taken place on the A80 back in September 2015. A court citation had been served for Airdrie Sheriff Court libelling a charge of dangerous driving by braking harshly on the motorway which, as a consequence, caused damage to a number of vehicles and injury to the various parties to the collision.

The position to be advanced at trial was that an unexpected episode of cramp had caused the harsh braking and that the accused was therefore not “driving” in the legal sense of the term at the time of the collision. The case was unusual as the actual manner of driving was not in dispute; rather it was whether the accused was in control of her actions at the material time.

We have dealt with just about every type of dangerous driving prosecution over the years however this was the first case where the defence was essentially one of non-insane automatism. The law in this area is complex however stems from the broadly accepted principle that no act is punishable if it is involuntary. Various protections exist and the court has to consider whether the loss of control was foreseeable or self-induced.

The case took around 12 months to run through the court system and finally proceeded to trial at Airdrie Sheriff Court in November 2016. We had to lead medical evidence in relation to cramp as our research confirmed that idiopathic cramps can indeed occur for no reason and without warning – this was key to the issue of foreseeability.

The accused was found not guilty after trial. This case is a good example of the lengths the firm will go to ensure the best possible defence is put forward. Our fixed fee does not mean that we stop working when we think too much time has been spent on your case. We will tirelessly work towards the end goal of securing a positive outcome and it is always rewarding for us when the hard work and dedication pays off.

Our client took the time to write to us and express her gratitude:

“Hi Michael,

I would like to leave a review, however, I am on google and my name will be published also. I want to leave a positive review and have included this below. Please feel free to add the information listed below to your site (omitting my full name).

Solicitor dealing with the case: Michael Lyon – Airdrie Nov 2016

I would just like to say how impressed I was with the level of commitment in dealing with my case. I am very appreciative of the time and resources given to me throughout. I am over the moon that justice prevailed and the sheriff found me not guilty – this is down to Michael’s dedication and professionalism leading up to and on the day of court case. Michael’s knowledge in regards to driving offences provided me with piece of mind that I had chosen the correct firm to defend me.

Thank you for all the support you have given me”

Published: 29/05/2017

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