Knocking Over Pedestrian Careless Driving Stirling

Kept Licence
Stirling Sheriff Court and Justice of the Peace Court

This case would have made an interesting study on how witnesses can perceive the same incident in entirely different ways. The Crown produced CCTV evidence which contained footage of our client reversing and striking a pedestrian who was crossing the road at the time. The court heard evidence from five witnesses to the incident, all of whom gave rather different accounts of what they observed. The crux of the matter however was whether the court at Stirling could be satisfied beyond reasonable doubt that our client was driving carelessly at the material time. It was our position that the Crown was demanding a standard of perfection from our client and that it was erroneous to insist upon such a high standard of driving. The CCTV clearly showed the pedestrian fail to carry out any observations and essentially just walk out from the rear of our vehicle. Following around four hours of evidence, the presiding Justice of the Peace at Stirling agreed with our submission and found our client not guilty of careless driving.

Published: 15/08/2017

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