Hamilton Careless Driving Road Rage Acquitted

Kept Licence
Hamilton Sheriff and Justice of the Peace Court

A serious prosecution which surprisingly was heard within Hamilton Justice of the Peace Court rather than the higher forum of the Sheriff Court. The allegation related to an incident on the A725 Bellshill, near to junction 5, during the recent roadworks. The Crown sought to charge our client with careless driving by failing to react to a lane closure and striking a traffic management foreman. Matters thereafter escalated and there was also a s.38 Criminal Justice and Licensing (Scotland) Act 2010 involving a ‘square go’ situation during which time it was alleged that our client had uttered threats of violence.

This trial didn’t even get off the ground. The case had already been to an intermediate diet during which time the Crown had indicated to the court that the case was fully prepared for trial. It transpired that the state of preparation was somewhat lacking in that the main complainer in the case couldn’t be traced and the corroborating witness was suffering from medical issues arising from a recent operation.

Whenever the Crown seek the remedy of an adjournment, it is imperative to be able to properly address a court in opposition (if appropriate). Michael Lyon Solicitors Limited has been involved with various successful bills of advocation dealing with motions to adjourn and in this instance we were in a position to persuade the court that an adjournment was not in the interests of justice. The Crown thereafter sought to part hear the case, perhaps more as an act of desperation than anything else. It would have been utterly pointless to part hear the case in light of the absent complainer and the court similarly agreed with our position.

The case was deserted simpliciter therefore bringing the case to a complete and absolute end. This was the first trial diet and it is important to note that this in no way excuses the Crown of their duties to properly prepare cases. It is the trial diet and a good reason has to be adduced if the motion to adjourn is to be granted by the court.

Our client was delighted to have been found not guilty of the careless driving allegation at Hamilton as a conviction would have inevitably resulted in a potentially significant period of disqualification.

Published: 28/08/2017

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See also

Careless Driving Charge Deserted

Following representations made to the Procurator Fiscal, this accusation of careless driving was dropped and no penalty attached to our client's licence. Any endorsement in this case would have resulted in disqualification under the totting-up provisions....