Disqualified driving, Glasgow Sheriff Court, May 2016:
Our client was charged with disqualified driving (Road Traffic Act, section 103). This is one of the most serious road traffic offences. The court takes an understandably dim view of those who ignore court orders.
Accordingly, people convicted of disqualified driving face a possible custodial sentence.
Our client’s position is that this was mistaken identity. Any accused person has a right to a defence identification parade.
We requested that such a parade was held. Could the principle Crown witness pick our client from a digital line-up (a VIPER parade)? The witness had claimed that our client had smashed into his car, causing serious damage.It would be fair to assume that he would be eager to co-operate. Our information, however, was that the witness was involved in insurance scams, making false allegations that his car had been damaged. It came as no surprise to us, therefore, when he failed to turn up on two separate occasions for the identification parade.
The witness subsequently did not turn up for trial. The Crown moved to adjourn the trial and sought a warrant for the witness. Although disqualified driving is a very serious charge, we managed to persuade the court to refuse the adjournment, citing his repeated failure to attend VIPER parades. The case against our client was thereafter deserted.