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Dangerous Driving, Edinburgh, 26 April 2017, licence saved

This case called for trial at Edinburgh Sheriff Court on 26 April 2017. Our client was being prosecuted for dangerous driving. The basis of the charge was that he failed to adhere to a right turn only lane, accelerated towards – and narrowly missed – oncoming traffic and then moved into the inside lane in front of other traffic.

Or, from another point of view, he moved from lane 2 to lane 1 without crashing into anyone!

Our attendance at the locus established that this was a rather confusing stretch of road with poorly maintained road markings. Dangerous driving requires driving falling far below the standard that can be expected of a competent driver. In all the circumstances, while accepting there was a degree of fault on the part of our client, we did not consider that the test for dangerous driving had been reached. We made representations to the Procurator Fiscal who agreed to reduce the charge to driving without due care and attention (careless driving).

We then proceeded with a plea in mitigation on behalf of our client. Photos of the locus were presented to the sheriff who accepted our argument that the road markings were not as clear as they could have been. 5 points were imposed on our client’s licence.

This case was defended at court by Graham Walker on 26 April 2017