Serious Injury By Dangerous Driving Sentence
Our client was driving in rush hour traffic through road works at Hyndland Road, Glasgow and failed to see a red light. Ordinarily this type of offence would be dealt with by the imposition of 3 penalty points and a fine of £100. Very unfortunately, a three year old child on a small bike was crossing the road ahead of his family and our client's car made contact with him causing him to fall from his bike and briefly lose consciousness. Our client immediately got out to offer assistance and thankfully the young boy was otherwise unaffected by the incident and made a complete recovery. At the time of the incident the police very appropriately charged our client with careless driving.
When the case was reported to the Procurator Fiscal's Office in Glasgow, the charge was (erroneously) elevated to causing serious injury by dangerous driving which carries a minimum 2 year disqualification and an order to sit the extended test of competency to drive. We made representations to senior prosecutors who agreed that the standard of driving was careless as opposed to dangerous. A plea was thereafter tendered to careless driving and we successfully managed to persuade the Presiding Sheriff to deal with the matter by the imposition of 6 penalty points and a fine of £300.
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