Dangerous Driving, Oban, 10 April 2018, Case Dropped
Anyone who defends road traffic cases on a regular basis is aware of a particular “hot spot” called Arrivain near Oban. It is a long straight stretch of road that is preceded by numerous twists and turns in both directions. It is a favourite location for the local police who take up a concealed position off the roadway to catch unsuspecting motorists taking their long-awaited chance to overtake that vehicle they have been stuck behind for miles.
Clients often complain to us that the police should not be “hiding” in this manner. We agree with this from a moral standpoint but, legally, the police are perfectly entitled to conceal themselves. What they are not entitled to do is lie or exaggerate what they have seen.
In this case the client being charged with dangerous driving was an off-duty police officer. He came to us on the recommendation of colleagues who had encountered us in court before., which is a pretty high compliment. The allegation against our client was that he executed a high speed overtake in the face of an oncoming car. It was claimed by the police officers that this car then had to take emergency evasive action to avoid a collision. As an acting police officer himself, there was a huge amount at stake for our client. it was not only his driving licence but also his career prospects at risk.
We set to work and it quickly became apparent that the police evidence did not add up. The Procurator Fiscal in Oban is one of the toughest and most able prosecutors in the country but also, in our opinion, one of the most fair-minded. We took our concerns about the police evidence to him and he agreed to drop the case against our client.
This case was prepared and defended by Steven Farmer on 10 April 2018 at Oban Sheriff Court.