Dangerous Driving Client in Dunoon Defended by Kinloch Lawyers

Kinloch Lawyers Client Charged with Dangerous Driving Charges

On the 31st July 2023, our Mr Jenkins from Kinloch Lawyers travelled by ferry from Gourock to Dunoon to represent a client charged with dangerous driving.

Client charged with a contravention of the Road Traffic Act

Charged with Dangerous Driving under Section 2 of the Road Traffic Act

The client was charged with a contravention of section 2 of the Road Traffic Act 1988, most commonly referred to as dangerous driving. A conviction for dangerous driving results in a mandatory, minimum disqualification from driving for a period of one year. You are also required to resit your driving test and could face a period of imprisonment.

A Charge with Serious Consequences

A conviction for dangerous driving would have had serious consequences for our client’s livelihood and personal life. He would have, undoubtedly, lost his job as a result of being unable to drive.

Negotiation with the Crown

Prior to the case calling, our Mr Jenkins engaged in negotiations with the Crown. After hearing from our Mr Jenkins, watching the relevant video footage, and speaking to Police Witnesses, the Procurator Fiscal Depute advised that the Crown would now accept a plea to the alternative, statutory charge.

The Staturory Alternative Charge

The statutory alternative charge is section 3 of the Road Traffic Act, often referred to as “careless driving”. The consequences of a conviction for careless driving are far less serious than that of dangerous driving. Firstly, there is no automatic disqualification from driving. Secondly, there is no automatic requirement for the person to resit their driving test. Finally, you cannot receive a custodial sentence for a conviction for careless driving only.

Case Called

Mr Jenkins Provided his Plea in Mitigation

When the case called, our Mr Jenkins provided his plea in mitigation. This is when the solicitor puts forward the client’s personal circumstances and offers an explanation as to what happened that day. Our Mr Jenkins was able to advise the Court that the Defence had offered to plead guilty to a charge of careless driving at an earlier date, and that this offer was refused by the Crown. This is important as it could result in a discount for any sentence impose.

The Outcome of the Case

What was Agreed

After hearing from our Mr Jenkins, the Sheriff imposed seven penalty points, reduced from nine due to the timing of the plea. This meant that the client was not disqualified from driving. The client was also handed a financial penalty and, again, this was reduced due to the timing of the plea.

The client was delighted with the outcome and relieved to have retained his driving licence. Kinloch Lawyers enjoy an impressive record of defending Road Traffic Cases across Scotland and continue to achieve positive results for our clients.