Dangerous Driving, Peterhead, 16 March 2018, Not Guilty
In this dangerous driving case, it was alleged that our client drove at 63mph in a 30mph limit. The police originally claimed that this speed occurred in the built up area of a village. The police took no prisoners in describing the supposed offence in their statements, describing in great detail the church, the school, the town hall and the old folks home that our client had supposedly sped past. They also described an erratic overtake of another vehicle at high speed. The alleged speed was recorded using a type approved Unipar SL700 laser gun.
The Crown were so desperate for a conviction in this case that they even brought one of the police witnesses over from his retirement in Spain.
What became clear during cross-examination, however, was just how much of the supposed “evidence” was based on assumptions. The location that the police had chosen meant they had no sight of our client as he passed the aforementioned church, school and town hall. That only left the old folks home and both officers had to concede that our client may have been past that by the time his speed was recorded. In short the police evidence of everything except the speed fell apart under cross-examination. We also made submissions to the sheriff that it was possible the speed was recorded very close to the 60mph limit on the exit from the village. The sheriff agreed and our client was found Not Guilty of dangerous driving.
This case was defended by Steven Farmer on 16 March 2018. It was won by listening carefully to the information provided to us by our client and using that information to undermine the police evidence in cross-examination. It is another example of winning an apparently unwinnable case.