Road Traffic Offence Section 2 Case Defended

Kinloch Lawyers Defend Section 2 Road Traffic Offence

Recently our Mr Banks at Kinloch Lawyers represented a client who was facing a section 2 road traffic offence.

Negotiating to Amend the Charge Under Section 3 of the Road Traffic Act

Putting forward evidence to the Procurator Fiscal to amend the charge

After careful review of the evidence and surrounding circumstances, we successfully negotiated with the Procurator Fiscal to amend the charge to one of careless, and inconsiderate driving under section 3 of the Road Traffic Act. A charge of careless driving can result in between 3 and 9 penalty points and a financial penalty. Disqualification is at the Sheriff’s discretion.

A Charge of Dangerous Driving under the Road Traffic Act 1988

A charge of dangerous driving is prosecuted under the Road Traffic Act 1988 in Scotland and is sometimes referred to as a ‘Section 2’. A conviction can result in disqualification from driving (for a minimum of 12 months), including the need to re-sit an extended version of the driving test. In addition to this it can carry up to 2 years in prison and an unlimited fine. Perhaps more seriously, causing death by dangerous driving, alongside disqualification, carries penalties of up to 14 years in prison. Currently there is a public consultation on the statutory offences of death by driving, you can have your say here https://consultations.scottishsentencingcouncil.org.uk/ssc/death-by-driving-offences/

Persuading the Sheriff to Exercise Discretion

What was Agreed

We successfully persuaded the Sheriff to exercise his discretion and saved our client his licence. Anyone facing a charge under the Road Traffic Act 1988 can contact us to receive bespoke advice, relevant to your individual circumstances.