A Most Unusual Case Of Dangerous Driving In Inverness
Our client was involved in a collision with another vehicle on the outskirts of Inverness. At the roadside he was given a warning and sent on his way. He believed that to be an end to matters.
The police officer subsequently became aware that stronger action ought to have been taken and hurriedly reported the matter to the Procurator Fiscal's Office in Inverness.
Reviewing the case, the Crown decided to prosecute our client several months after the incident for dangerous driving. Whilst there is no legal requirement to warn someone who has been involved in accident that they may be liable for prosecution there was a fundamental issue of fairness in this case. Our client had been warned at the roadside and had accepted that warning. Our initial view was that any subsequent proceedings were incompetent.
We contacted the Procurator Fiscal's Office to discuss and they made a counter-offer to resolve the case by accepting a plea of guilty to the lesser charge of careless driving.
We advised our client to refuse the plea deal and allow us to make further representations to the Crown. We took the opinion of a leading advocate and provided further information and case law to the Crown.
Several months after our initial approach the Crown quite properly discontinued proceedings.
No points, no fine. Our client did not require to attend Court.
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