Careless Driving Charge Dumbarton Defective NIP

An enjoyable trial involving civilian witnesses, both of whom gave evidence that our client had driven carelessly by pulling out of a junction without looking and then deliberately ‘brake tested’ them by slamming on the brakes repeatedly and with no warning. The Crown failed to ensure the requisite warning / notice of prosecution had been issued within the statutory timeframe and we successfully argued to the court that the provisions of s.2(1) of the Road Traffic Offenders Act 1988 did not apply because the incident could not properly be described as an ‘accident’ in terms of the legislation. Our no case to answer submission was upheld. We have to also say the Crown couldn’t prove ID and the evidence led by the Crown was also somewhat lacking in the credibility department (to put it mildly).