Case Report: Driving without the appropriate licence, Dumbarton Sheriff & JP Court

January 22, 2020News


Case Report: Driving without the appropriate licence, Dumbarton Sheriff & JP Court

January 22, 2020 News

At Sheridan Road Traffic Law we get no better satisfaction than when we save a client’s driving licence which, in turn, saves his or her job and desired career path. That’s exactly what our specialist road traffic lawyer, Robert Sheridan, was able to do for our client, Mr C, at Dumbarton Sheriff & Justice of the Peace Court.

Mr C initially came to our office for free legal advice from our expert road traffic lawyer after receiving a citation to attend court. He was charged with driving without the correct category of licence on the basis that it was alleged that he was towing a trailer and cargo heavier than the licence he held permitted. He was also charged with towing a trailer which did not have the required breakaway cable.

Mr C was employed by the Army as a mechanic and, unfortunately, as a result of previous road traffic contraventions was faced with the prospect of being discharged from the Army if found guilty. He was adamant that he was not guilty of both charges.

Following a lengthy discussion about the circumstances of the case, our road traffic lawyer was able to reassure Mr C that he had a defence to both charges and that he was very confident of the prospects of success.  Accordingly, Mr C pled not guilty.

Thereafter, our specialist road traffic lawyer set about carrying out a thorough and comprehensive investigation into the case. In particular, our Mr Sheridan obtained documentation from the manufacturers of the vehicle driven by Mr C, the trailer and the vehicle which was being carried on the trailer. In addition to this, our road traffic lawyer was able to identify serious flaws in the way in which the police reached the conclusion that the trailer and cargo being towed was in excess of what Mr C was permitted to tow under his licence. After collating same and presenting this to the Procurator Fiscal, a decision was made not to proceed with the first charge against Mr C and simply to proceed to trial in respect of the charge alleging the absence of a breakaway cable between the towing vehicle and the trailer.

The trial subsequently took place at Dumbarton Sheriff and Justice of the Peace Court and our road traffic expert meticulously cross examined the police officers on the standard of inspection carried out by them on the towing vehicle, the trailer and it’s cargo. Our road traffic lawyer was able to highlight a number of discrepancies in the police evidence and issues with the quality and standard of inspection carried out to the extent that the court accepted that he may have had a breakaway cable fitted, as had been suggested by the defence, and as such Mr C was found not guilty.

Our client, Mr C, was delighted with the outcome and happy to have kept not only his driving licence but his position of employment and career path with the army.

It just goes to show that if you have specialist legal advice and representation, a successful outcome is achievable. So if you are facing serious consequences as a result of an alleged road traffic offence that you dispute then contact us. Call us now for a free consultation, we’re available 24/7 on 0141 465 3333.


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