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Dangerous Driving Charge Dumfries Dropped By Prosecutor

Kept Licence
Dumfries Sheriff Court and Justice of the Peace Court

Our client was travelling behind slow moving vehicles on the A75 Gretna to Stranraer Road and decided to overtake on a long straight.

At the head of the vehicles was a driver who was intending to turn right into a farm. Our client was almost level with the car when it suddenly and without warning, turned unavoidably into his path. Our client's car hit the other vehicle and swerved into a tree, writing off his vehicle and causing serious injury to himself.

The driver of the other vehicle was also injured albeit in a minor way. The police attended and noted statements from the drivers and other witnesses. Although the driver of the other vehicle freely admitted that she had not checked her mirrors prior to making a right turn, our client was charged with dangerous driving by the police.

Understandably, our client was extremely concerned that he stood to lose his driving licence because of this incident and contacted our Dumfries office to discuss how best to defend against an alleged contravention of section 2 of the Road Traffic Act 1988.

Having had the opportunity to review the evidence we were bolstered in our view that our client was not at fault, or if he was, his level of culpability was very low indeed.

We advised our client to defend the case and we entered a not guilty plea on his behalf. We requested and received full disclosure from the Procurator Fiscal's Office in Dumfries and discussed the evidence with our client. It was agreed that our Mr Simpson would approach the Procurator Fiscal to discuss the merits of the case. Following discussions, it was agreed that prosecuting our client was not in the public interest owing to the minor nature of his involvement. The case was pulled by the Crown prior to the Intermediate Diet. Our client did not have to attend Court and had no penalty whatsoever imposed upon him.

 Kept Licence!

Published: 30/01/2018

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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....