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Dangerous Driving Charge Deserted Dumbarton Sheriff Court

Kept Licence
Dumbarton Sheriff Court and Justice of the Peace Court

Dangerous driving charges in Dumbarton are not uncommon however normally involve high speeds and poor driving on the A82. This case was a little different in that it was alleged that our client had driven at excessive speed in a residential area and deliberately tried to knock down a pedestrian. The Crown set out a headline charge of dangerous driving however libelled an alternative common law charge of assault.

The accused and the complainer stayed in close proximity to each other however relations were not exactly neighbourly, to say the least. Following a Crown motion to adjourn the trial due to a failure to properly cite an essential witness, we were able to successfully persuade the court that the interests of justice would not be served by any further adjournments and the case was deserted simpliciter.

When a case is deserted simplicter, it has the effect of bringing proceedings to an absolute end. The pressure had clearly been weighing heavily on our client as he thanked us for our efforts with an equal measure of delight and relief.

Our case preparations in the matter were extensive. We secured a data download from the tracker from within our client’s vehicle and obtained an expert report which confirmed that the vehicle had not been driven at excessive speed and that it did not brake harshly during the relevant part of the journey. On one view of it, it is a shame the Crown witnesses were never cross examined about the apparent contradiction between their statements and our tracker data however our client was just delighted to have been acquitted of the dangerous driving charge at Dumbarton.

Published: 08/09/2017

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