Dangerous Driving, Dunfermline, 28 November 2017, case not called
Our client came to us after being advised by another solicitor that there was no prospect of successfully defending his case. On paper, it did look bad. The allegation was that our client drove at grossly excessive speeds on a road entering a shopping complex car park. The “speed limit” was 5mph.
Upon reading the case papers more closely, however, we noticed that no actual inconvenience was caused to anyone. We also noted that the 5mph speed limit was advisory only and not legally binding. Most importantly we noticed that our client had only been warned about careless driving (Road Traffic Act 1988, section 3) as opposed to dangerous driving (Road Traffic Act 1988 section 2). This last point was very important as, except in specified circumstances, a person cannot be prosecuted for dangerous driving unless they receive the appropriate warning.
We brought this point to the attention of the Crown who agreed and the complaint was changed to careless driving. Our client still maintained his innocence so the case proceeded to the trial diet.
On the day of the trial, the Crown had additional problems with the case and agreed not to proceed.
This case was defended by Steven Farmer on 28 November 2017. The relevant law is found in the Road Traffic (Offenders) Act 1988, sections 1 and 2.