Lost Weekend in Elgin

Reduced Sentence
Elgin Sheriff Court and Justice of the Peace Court

Whilst not exactly Lloyd Cole, our client certainly caused a Commotion during a Lost Weekend in Moray.  Enjoying a well-earned holiday in the north of Scotland, she had been stopped ‘the morning after the night before’ and we were instructed to appear to resolve the resultant charge of drink driving at an Undertaking appearance within Elgin Sheriff Court.  The excess of breath alcohol libelled was quite high, so a degree of care was required to ensure that the Court disposed of the case by way of a fine and disqualification.

However, it transpired on the morning of court that an incident from the day preceding the original offence had resulted in a fresh complaint being raised, where it was alleged that our client was involved in an accident and failed to stop or report it, all whilst being unfit to drive through drink or drugs (which is, effectively, an equivalent of drink driving).  This, clearly, necessitated a recalibration of our case management as the threat of a custodial sentence was now even more pronounced. 

With the cases adjourned to afford us time to properly investigate matters, negotiations with the Crown were entered into to agree a favourable ‘global resolution’ to proceedings. 

When necessary, it often pays to avoid disposing of matters with undue haste.  That was exactly the case here; it transpired that a number of the charges libelled were supported by less than compelling evidence.  Eventually the prosecution agreed with us that they were not in a position to prove all that was alleged, we were able to remove the threat of jail and the disqualification ultimately imposed by the Sheriff was absolutely fair in all the circumstances.

Published: 11/02/2020

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