Previous Cases

The following cases give an overview of just some of the road traffic matters that we have recently successfully defended:-

  • EXCEPTIONAL HARDSHIP<strong>  </strong>
Ms P, at Dumbarton Justice of the Peace Court, was accused of careless driving and causing an accident. She stood to lose her licence as a result of being a new driver and accumulating 6 penalty points within two years of passing her test.  She sought advice and representation from Driver Defender. Evidence was lead from three eye-witnesses on behalf of the prosecution, who were cross-examined successfully. An expert report was obtained by Driver Defender from a retired senior ex-traffic police officer and that evidence together with other carefully presented evidence from defence witnesses persuaded the court to find Ms P not guilty.

Mr A, lorry driver from the West Coast of Scotland stood to lose his licence after being accused of driving too close to the car in front and causing an accident on the A82. The matter proceeded to trial at Dumbarton Sheriff Court.  He wished the crown civilian witness robustly cross-examined as he did not feel they were being entirely upfront with their evidence, he was acquitted of dangerous driving after trial and kept his licence.
Mr K, Livingston Sheriff court, was charged with being drunk whilst in charge of a motor vehicle. He worked in a good job offshore and required his licence to travel to and from his place of work, evidence was led from the prosecution from two police officers. After careful and effective cross-examination and presentation of defence witness evidence he was found not guilty.
Mr C,  Fort William Justice of the Peace Court, had just started his own company whilst also trying to care for his wife who was receiving ongoing treatment for cancer.  Mr C was still however required to demonstrate ‘exceptional hardship’ after a lengthy and persuasive presentation of his case to three separate Justices, Exceptional Hardship was upheld and Mr C kept his licence. Any other decision would have been disastrous for him, his family and his new business..
Mr McN, at Stirling Justice of the Peace Court, was due to go to trial and faced the real possibility of losing his driving licence given the serious nature of both these offences. After skillful and effective negotiations, our Jonathan Paul was able to secure a not guilty plea to the more serious offence of failure to report an accident. The accused kept his licence and he and his wife were both extremely relieved as he stood to lose his job if he lost his licence.
Mr C, working in Wick at the time as a maintenance engineer was accused of being in charge of a motor vehicle whilst over the legal alcohol limit. The case went to trial and a successful objection was taken to the police failure to follow correct procedure. The case was thrown out, the accused kept his licence.
Mr A, at Hamilton Justice of the Peace Court, faced losing his licence through the ‘totting-up’ procedure and consulted us to assist with trying to save his licence. After careful preparation and presentation of his case the Justice agreed that ‘exceptional hardship’ had been made and he kept his licence due to compelling evidence from his employer which was carefully prepared and presented to the court by us.
Mr H, a salesman, at Greenock Justice of the Peace Court, was accused of travelling in excess of 90mph and stood to lose his driving licence and consequently his job as he travelled all over the country in excess of 30,000 miles a year. It was spotted after the investigation of his case papers that the prosecution had failed to prepare and lodge a fundamental document proving the case against him. When this was pointed out to the Justice the prosecution was refused  an adjournment and the case against the accused was dismissed.
Mr K, Glasgow Justice of the Peace Court wished to retain his driving licence. He had been asked to deliver items from one shop to another. During a thorough investigation of his case it became clear that he had specifically asked the owner of the car he was using to make the delivery whether he was insured to drive the van. He was given an assurance that he was. After the accused gave evidence, special reasons were held to had been made out and he kept his driving licence thus being able to continue to work.
Mr McF, Aberdeen Justice Of the Peace Court, was accused to having caused an accident in a car park and failing to report it. Two civilian witnesses gave evidence against him. After careful and effective cross-examination, the accused was found not guilty after trial thus keeping his licence and job.
Mr J, Dumfermline Sheriff Court, was charged with speeding at over 100mph, he stood to lose his licence, job and the case was putting a huge strain on his marriage. At  trial, the police and procurator fiscal had failed to carry out a fundamental step in the procedure. After this was pointed out to the procurator fiscal before the trial was due to begin, a far reduced speed was negotiated and Mr J’s driving licence was saved. He kept his job and was able to alleviate all the stress that had been placed on his family.
Mr S, Falkirk Sheriff Court, was accused of dangerous driving. An offence which carries a mandatory minimum penalty of 12 months disqualification. After careful negotiations with the Procurator Fiscal a reduced plea of careless driving was accepted and only 6 penalty points were placed on his licence thus allowing the accused to continue to drive.


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