Dangerous Driving Falkirk Charge Reduced 6 Points
Our client was charged with a contravention of the Road Traffic Act 1988, Section 2 (dangerous driving) for travelling at a speed of 104mph in a 70mph limit. Ordinarily, we would have expected this to have been dealt with by a citation for speeding.
Dangerous driving is the most serious offence a driver can face that doesn't involve serious injury or death. A conviction for dangerous driving ties the hands of the Court to impose a minimum 12 month disqualification and an order to sit an extended test of competency to drive (essentially a two hour driving test).
We received and considered all of the evidence in the case and it really just confirmed that this case had been overcharged by the Procurator Fiscal's Office. We called the Fiscal to discuss resolution of the case by pleading to the statutory alternative of careless driving. Unfortunately, the Crown did not share our view that this was simply a speeding case.
The case persisted for some months following this unsuccessful call. Eventually we spoke to the Crown again and on this occasion they agreed that the charge should be reduced to one of careless driving.
Our client attended and a plea in mitigation was delivered to the Court on his behalf.
Our client's licence was endorsed with 6 penalty points and he was fined £600. A great result given the original charge and potential consequences.
This case was dealt with by our Mr Simpson at Falkirk Sheriff Court on 5th April 2019.
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