Careless driving Hamilton JP, June 2016
Our client was charged with careless driving. The case was settled at a legal debate. The only issue was whether the case against our client was timebarred. The situation was complex. Our client’s position was that he had never received case papers.
When the case called in court, it did so within the 6-month timebar. Our client, understandably as he had never received case papers, was not present. The case was continued and our client was written to and ordered to attend court on a date outwith the timebar. He did so and duly pleaded Not Guilty. He thereafter consulted us. We advised him of the issue and had a date set for a legal debate.
At debate, the Crown contended that any potential defect in service of the complaint was cured by the accused appearing at court. However we argued that proceedings only commenced on this date and it was outwith the timebar. If our client had appeared when the case first called in court, that would have been a different story as that date was within the timebar. The court agreed with us and the complaint against our client was dismissed.
If all of that seems rather obscure, then we can’t blame you. However it is a prime example of why it is always best to contact a lawyer. There is often a defence available to you that, no matter how obscure, can mean you are acquitted.