Appeal Against Driving Ban Scotland
Our client was originally charged with dangerous driving by speeding at 103mph in a 70mph limit. We spoke to the Procurator Fiscal who agreed that the conduct was more akin to careless driving and reduced the charge accordingly.
We attended with our client and gave a plea in mitigation before a new and inexperienced Sheriff who failed to grasp the relatively minor nature of the charge before the Court. Careless driving ordinarily carries 3-9 penalty points although the retains a discretionary power of disqualification. In this case the appropriate sentence would have been penalty points but the Sheriff made a significant mistake and imposed a quite ridiculous sentence of 15 months disqualification.
We immediately appealed the decision, however, the Sheriff Appeal Court initially refused our appeal.
We appealed again. This time the appeal reached a more sensible Sheriff within the Appeal Court.
The Appeal was presented and the Appeal Court agreed that the driving ban should be quashed and imposed 7 penalty points. A remarkable turnaround from the original sentence imposed by the original Sheriff.
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