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Dangerous Driving, Airdrie Sheriff Court, 23 December 2016, Not Guilty

Every now and then, we get a case that is so ridiculous and over-charged that we have difficulty believing it. This was one such case.

Our client was charged with dangerous driving. The basis of the charge was that he overtook at excessive speed and when it was unsafe to do so. The complainers were two civilians driving at about 35mph in a 60mph limit. Not surprisingly our client made a decision to overtake them and did so entirely without incident. There was no oncoming traffic. The road line markings allowed for overtaking. There was a summit in the distance which the complainers claimed was “blind” and was in fact – as our locus attendance showed – no such thing.

When the police came to visit our client, about 11 days after the incident, they informed him that they were “very experienced”, that they “had been to that road” and you “just shouldn’t be overtaking there sir”. Absolutely unbelievable. They proceeded to charge our client, to his complete disbelief, with dangerous driving contrary to section 2 of the Road Traffic Act 1988. At this time however we quickly noticed that the police made a serious procedural error which provided an additional avenue of defence.

We made repeated representations to the Crown to desert this case, all of which were refused and the case proceeded to trial. As the case transpired, it did not become necessary to focus on all the reasons that this was not dangerous driving as the procedural error made by the police meant that our client could not be convicted. The case was therefore won on a narrow legal point albeit we additional defences prepared if required.

We are consistently ranked as the UK’s leading road traffic defence firm by Trustpilot. You can see some of these results below. On this occasion, the defence was handled by Graham Walker on 23 December 2016.