Dangerous driving (RTA section 2), Glasgow, October 2016
Our client was being prosecuted for dangerous driving (RTA section 2). The allegations were that he drove up to 90mph in a 50mph limit, repeatedly attempted to undertake other vehicles and tailgated a further vehicle. Each of these allegations could amount to dangerous driving. Fortunately for our client, the case against him was built upon unreliable police evidence which allowed us to negotiate a plea to careless driving. The allegation of driving at speeds of up to 90mph was deleted, as was the allegation of “attempted” undertaking (the Crown accepting our argument that you either undertake or you don’t). The court also accepted our submission that the allegation of driving too close to the vehicle in front was only momentary and did not amount to “tailgating”.
The last submission was of particular importance as the Sheriff Appeal Court has recently held that “tailgating” is at least “high-end” careless driving. Drivers convicted of tailgating must therefore prepare for at least the possibility of a disqualification. It goes without saying that, in those circumstances, it is crucial to instruct a solicitor.
This particular case was eventually dealt with by the imposition of 5 penalty points on our client’s licence. As our client was an electrician, he required his licence for his job and he was therefore both pleased and relieved with the outcome.