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Careless Driving, Glasgow, Case Deserted, 21 December 2016

Our client was charged with careless driving for an incident in 2015. There was also an additional charge under section 170 of the Road Traffic Act 1988 for failing to report an accident to the police.

The allegation was that our client overtook on chevrons on an exit slip from a motorway and caused a collision. The careless driving charge arose both from overtaking on the chevrons and causing a collision. The additional charge arose from causing the collision and not reporting the accident. On paper the charge looked hopeless. However our client’s position was that the car in front of him was continually brake-testing him and behaving in an aggressive manner. Our client therefore decided to overtake in the chevroned area to escape danger. The other driver moved to the right and clipped our client. One very important fact was that the chevrons were surrounded by broken white lines which meant it was legal to drive in that area if necessary.

Clearly, on our client’s version of events, he had a defence to the charges and the case therefore proceeded to trial. After some preliminary legal motions, the case against our client was deserted and he was acquitted of both charges.

This case was prepared over the course of a year by all members of our firm and defended at court by Graham Walker on 21 December 2017.