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Dangerous Driving, Oban, 1 February 2017, licence saved

Our client was charged with dangerous driving. Dangerous driving carries a minimum penalty of 12 months disqualification, a substantial fine and a mandatory resit of an extended driving test. In some cases, custodial sentences can be imposed.

In this case, our client was charged based on allegations that he drove in excess of 7 miles at speeds in excess of 100mph when it was unsafe to do so due to the volume of traffic on the road and “repeatedly execute overtaking manoeuvres of several vehicles in the course of a single manoeuvre”.

While speed alone is usually insufficient for dangerous driving, the existence of potential dangers (such as other traffic) can and often does elevate a speeding matter to the much more serious charge of dangerous driving. On paper the Crown case here looked open and shut. We recommended that our client authorise us to obtain an expert report as several aspects of the police evidence di not ring true. We often find in dangerous driving cases, that police officers are prone to “gilding the lily”.

In this case, we presented our findings to the Crown. The Crown agreed not only to reduce the charge to driving without due care and attention (Road Traffic Act 1988, section 3) but also to delete most of the libel so that our client pleaded Guilty to a single instance of driving in excess of 100mph rather than 7 miles at those sorts of speeds. In the circumstances, our client received 8 penalty points and avoided disqualification. Licence saved.

This case was prepared and defended by Steven Farmer at Oban Sheriff Court on 1 February 2017.