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Not Guilty Road Rage Allegation Glasgow Sheriff Court

Kept Licence
Glasgow Sheriff Court and Justice of the Peace Court

This case called for trial in Glasgow on 5 December 2017. Our client had initially been charged with careless driving (s.3 of the Road Traffic Act 1988) and behaving in a threatening an abusive manner (s.38(1) of the Criminal Justice Licensing (Scotland) Act 2010). The court citation was served by post outwith the six month time-bar and therefore our plea to the competency of the careless driving charge was upheld and that charge was removed from the complaint.

The remaining charge, because triable on indictment, was unaffected by the time-bar issue and we were instructed to plead not guilty; strictly speaking this was our first non-road traffic trial in over a decade. The complainer in the case had filmed the incident on her mobile telephone and, whilst there may have been some uncouth language, the conduct complained of, in our view, fell short of what would be required for a conviction. Having discussed the matter with the Crown, it was agreed that the case should not proceed any further and the matter was treated as not called.

Our client was delighted to have avoided the road traffic charge on a technicality and vindicated by the desertion of the s.38 charge as he, quite properly, felt somewhat set up by the Crown witnesses who appeared to be looking for a confrontation.

Road rage incidents commonly feature in the courts and our team of lawyers will strive to secure the best outcome for you. Do not hesitate to call our office for free advice as we really can make the difference.

Published: 05/12/2017

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Careless Driving Charge Deserted

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