Cyclist Knocked Off Bike Dangerous Driving 3 Penalty Points

Reduced Sentence
Glasgow Sheriff Court and Justice of the Peace Court

We were contacted following a collision between a car and cyclist on the Broomielaw in Glasgow. The case had been reported in the local press at the time and the interest in it was high.

Dangerous driving carries a mandatory minimum period of disqualification of 12 months with an order to sit an extended test of competency.

The incident was captured by the public space CCTV. Upon examination it was clear that the more serious parts of the charge against our client were incapable of proof.

We approached the Procurator Fiscal and spoke with a very astute Fiscal Depute who agreed with our assessment and accepted our proposal to resolve matters by way of a plea to the statutory alternative of careless driving.

The case called before Glasgow Sheriff Court on 9th September 2020 where our written mitigation was placed before the Court. The Presiding Sheriff agreed that a discretionary disqualification was not merited and agreed that the standard of driving fell at the lowest end of the spectrum. Our client's licence was endorsed with 3 penalty points and a fine of £270 was imposed.

Our client already had 9 penalty points and as they had been accrued in the preceding two years our client decided simply to allow the totting-up procedures to kick in and accept a 6 month ban with a clean licence at the end of it. No resit required.

We managed to get dangerous driving down to careless driving and further managed to persuade the Court that the level of carelessness was minor. Dangerous driving to 3 penalty points is almost unheard of but... It's not the first time we've achieved this

 Reduced Sentence! 

Published: 10/09/2020

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See also

Dangerous Driving By Overtaking At 115mph On The A75

Our client was facing a minimum disqualification of 1 year along with an order to resit an extended driving test. We managed to persuade the Procurator Fiscal that the standard of driving was careless as opposed to dangerous (depsite being clocked at 115mph in a 60mph limit and overtaking vehicles in contravention of solid white lines). Our client was disqualified for only 6 months and a relatively modest fine of £450 was imposed....