Road Traffic Offence Client Receives 16 Month Ban Instead of 5 Years

Kinloch Lawyers Client Charged with Dangerous Driving Offence

Kinloch Lawyers On 14 April 2023, Mr David Kinloch represented a client at the Sheriff Court of Grampian Highland and Islands at Inverness. The client was travelling South in a works convoy, crashed his car due to adverse weather conditions and failed the breathalyser for alcohol and drugs.

Charged with Careless and not Dangerous Driving - Section 3 of the Road Traffic Act 1988

A charge related to an alleged 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.

Under section 3 of the Act unlike with dangerous driving, there is no mandatory disqualification for a conviction . Furthermore, there is no mandatory requirement to resit your driving test, nor can you be sent to prison for a conviction of careless driving alone.

Pleading Guilty to Section 3 of the Road Traffic Act

Following robust negotiations between our Mr Kinloch and the Procurator Fiscal

Our client plead guilty to a contravention of section 3 of the Road Traffic Act. This is commonly referred to as careless driving.

Taking into consideration the other contraventions under the Road Traffic Act 1988 which our client could have been charged with, including no insurance and failing the breathalyser, the prosecutor refused to negotiate over a period of months and it was only after Mr Kinloch put them under intense pressure, that he managed to get the deal he wanted.

THE OUTCOME

16 Month Ban and £900 fine

If he had gone to Trial, we believe he would have been found guilty of all matters and would have been given a driving ban in the region of 5 years.

Client Delighted with Court Case Outcome

We are delighted with the outcome and so was the client but it took an awful lot of personal input from Mr Kinloch, to achieve this.

Kinloch Lawyers have a proud history of representing clients charged with Road Traffic Offences and continue to hold an impressive success rate with clients across Scotland.

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