114mph, Undertaking, Tailgating Not Guilty Dangerous Driving
Our client was accused of travelling at 114mph in a 70mph limit, tailgating and then undertaking another vehicle.
The police were travelling behind him and activated their blue lights and sirens. Our client was charged with dangerous driving contrary to section 2 of the Road Traffic Act 1988.
As a mechanic, his licence was absolutely essential to his employment. He contacted our office very concerned about losing his licence and his job. The minimum penalty upon conviction for dangerous driving is a 12 month disqualification and an order to sit an extended driving test.
When we reviewed the paperwork we spotted an anomaly in the method of speed detection. When the full statements were disclosed we were able to work out exactly what had happened and the way out of it for our client.
This was a case that didn't require an expert witness; it did however require applied mathematics. We discussed the case with the Procurator Fiscal's Office with a view to resolving the case with a plea to careless driving. The offer was declined and the case was assigned a trial diet. The first trial didn't proceed as the Court ran out of time that day. At the second trial diet we were able to speak to the police officers involved on the morning of the trial. Following the discussion where a number of matters were raised with the officers, they advised the Procurator Fiscal Depute that, on reflection, the standard of driving did not meet the test for dangerous driving.
We discussed the case further with the Procurator Fiscal Depute and the reference to 'tailgating' was removed and the speed - fairly - was modified to 94mph.
Having heard the facts and the mitigation, the Court endorsed our client's licence with 7 penalty points and fined him £400.
This case was dealt with by our Mr Simpson at Paisley Sheriff Court on 21st October 2019.
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