Careless Driving Trial Deserted

This matter called for trial in Glasgow on 14 March 2019. The evidence in this case came from a cyclist who was riding the streets of Glasgow with a Go-Pro camera attached to the top of his helmet. The charge alleged that our client had driven without due care and attention or without reasonable consideration for other road users and did fail to keep a proper lookout for other road users and fail to provide adequate stopping distance and passing distance. The footage was disclosed to the Police who elected to charge our client with careless driving.

The Crown in this case however omitted to have regard to the provisions of s.1 of the Road Traffic Offenders Act 1988 which necessitate the issuance of a warning at the time or a written notice of intended prosecution within 14 days of the incident. The case accordingly fell on the basis that no conviction could follow in these circumstances.