Time Bar Plea Upheld For Careless Driving Charge In Stranraer

Kept Licence
Stranraer Sheriff Court and Justice of the Peace Court

This case concluded on 3 April 2018 and involved a potentially serious allegation of careless driving. Our client was charged with driving at excessive speeds on the A75 Greta to Stranraer road and performing an overtaking manoeuvre on three proceeding vehicles in contravention of a solid white line system and without a full clear view of the road. There were also a number of counting penalty points on our client’s driving licence which put his licence in an even more precarious position.

The court papers were dated well within the requisite six month time bar period however, as a matter of course, we always check whether timeous service has been effected. It appeared the papers were five day beyond the time bar date and accordingly a plea to the competency of the charge was submitted to the court.

The onus is always on the Crown to prove service. On the basis that no evidence existed in relation to when the summary complaint had been served, the case was closed and therefore treated as ‘not called’.

Always check the complaint for issues of competency and relevancy as a successful plea, in certain circumstances, can bring the prosecution’s case to an end before it has even started.

Published: 03/04/2018

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