Dangerous Driving on M74 at Dumfries Sheriff Court. Our client was charges with driving at excessive speed on the M74 in bad weather conditions and undertaking other motor vehicles. A conviction for dangerous driving would mean automatic disqualification for no less that one year. Our client accepted that his speed was high, but not as high as the police suggested. This was a classic case in which the police originally recorded a speed on a Unipar device of under 100mph and then followed the driver. During this the police suggested that the speed had increased to over 100mph and based this on the factory fitted speedometer. In these circumstances there is no exact reading and the evidence is wholly based on the police estimating the speed of a car on their observations and with reference to their own speedo. This practice is open to abuse at worst and human error at best. The case was resolved at the trial diet, when Mr Sellar was able to persuade the Crown to accept a plea to the lesser charge of Careless Driving. The court dealt with the case by way of penalty points and our client kept his licence.
Dominic Sellar has appeared in thousands of cases. What follows is a selection of cases that reflects his experience in the area of road traffic law. Although personal details have been omitted each case is verifiable. Most of the cases arose during Dominic Sellar’s employment with another firm.
- HGV Drivers & Operators
- Vehicle Defects
- Traffic Lights
- New Drivers
- Drug Driving
- Special Reasons
- Drunk in Charge
- Exceptional Hardship
- Failing to Provide Specimens
- Penalty Points & Totting-Up
- Drink Driving
- Removal of Disqualification
- Driving without Insurance
- Driving whilst Disqualified
- Mobile Phone
- Notice of Intended Prosecution (NIP)
- Failure to Provide Driver Details
- Careless Driving
- Failing to Stop & Report
- Dangerous Driving
Dangerous Driving Charge at Hamilton Sheriff Court. Our client was charged with dangerous driving in Hamilton by failing to stop when required to do so, speeding and causing persons to take evasive action to avoid being struck by his motor car. Clearly this was a serious allegation that would have resulted in disqualification for a lengthy period of time. Having investigated the case we were satisfied that the evidence was exaggerated, although, in our view, the standard of driving was careless. Given this we approached the Crown and offered to plead guilty to the lesser charge of Careless Driving. The plea was refused and the matter proceeded to trial. A number of technical issues were raised by Mr Sellar and after two days of evidence the court was persuaded to accept that the standard of driving was not dangerous. A finding of Careless Driving was made by the court and penalty points and a fine were imposed. Our client, who is a HGV driver, was delighted. Not only did he keep his licence, but he also kept his job.
Dangerous Driving Charge (Section 2 Road Traffic Act 1988) at Paisley Sheriff Court. A conviction would have resulted in a mandatory period of disqualification for a least one year.
Dominic Sellar represented a client charged with dangerous on a section of the M8 between Paisley and Glasgow. Among other things it was alleged that that the client drove at grossly excessive speed in bad weather, tailgating and undertaking other cars. The case proceeded to trial at Paisley Sheriff Court with evidence for two police officers. In addition the evidence of the police described the driving as extremely aggressive and caused other drivers to take evasive action to avoid a collision. The client denied all the allegations and gave evidence in his own defence.
The Sheriff found him Not Guilty.
Dangerous Driving Charge at Kilmarnock Sheriff Court. The penalty for dangerous driving includes a period of disqualification of at least one year. The client was charged with Dangerous Driving and other charges. At the trial the Crown accepted that the driving did not amount to dangerous driving. The client pled guilty to the reduced charge of careless driving, which carries penalty points. The other charges were dropped and the client kept his licence.
Dangerous Driving Case at Edinburgh Sheriff Court. The penalties for dangerous driving include a one year ban. Our client was charged with riding his motor cycle dangerously on the outskirts of Edinburgh by weaving in and out of traffic, undertaking and driving at excessive speed. We identified an issue with the charge and as a consequence we were able to persuade the Crown to reduce the charge to careless driving. Our client escaped disqualification with the imposition of penalty points.
Racing Charge at Hamilton Sheriff Court. Racing charges carry an automatic period of disqualification. The client was charged with racing, along with another driver, and reaching speeds in excess of 100mph. There were evidential issues with how the speed was measured by the police. A detailed expert report about where the incident took place was instrumental in persuading the Crown to reduce the charge to one of careless driving. The same report was was also important in persuading the court to refrain from disqualification. Penalty points were imposed and the client retained his driving licence.
Dangerous Driving at Dumfries Sheriff Court. Our client was charged with dangerous driving (Section 2 of the Road Traffic Act 1988) by driving at excessive speed on the A75. As a consequence he was facing the loss of his licence for a period of at least 12 months and an order to re-sit his test. Having investigated the case we were able to persuade the Crown to accept that the driving did not amount to dangerous driving. The charge was reduced to speeding and our client retained his licence when penalty points and a fine were imposed by the Sheriff.
Dangerous Driving Offence at Stirling Sheriff Court. Following a head-on collision on a country road, our client was charged with Dangerous Driving by driving on the wrong side of the road and in the face of oncoming traffic. There were multiple injuries to both drivers and their passengers. Following investigation Mr Sellar was able to persuade the prosecutor to accept a plea to the lesser charge of Careless Driving. This was a very significant reduction and our client avoided mandatory disqualification. Following representations the court dealt with the matter by way of penalty points and a fine.
Dangerous Driving charge at Hamilton Sheriff Court. Our client was charged with Dangerous Driving by driving at twice the speed limit on the M8. He was facing a significant period of disqualification and the loss of his driving job as a consequence. On the day of trial we were able to bring the prosecution’s attention to several issues relating to how the police measured the alleged speed. This allowed the prosecution to accept a lesser charge of Careless Driving, which our client accepted without hesitation. He avoided disqualification and the loss of his job when the court was persuaded to deal with the matter by way of penalty points.
Dangerous Driving offence at Airdrie Sheriff Court. The client pled not guilty to a charge of Dangerous Driving. The client accepted that his driving was Careless, but not Dangerous. At the conclusion of the trial the Sheriff found him not guilty of Dangerous Driving, but guilty of the lesser charge of Careless Driving. He avoided disqualified and 6 penalty points were imposed on this driving licence.
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