Dangerous Driving Solicitors Inverness

Inverness Road Traffic Lawyers are experts when it comes to dealing with dangerous driving cases in Inverness and surrounding areas. These dangerous driving offences can range from relatively minor to very serious breaches of road traffic law.

In the worst-case scenario, careless driving can lead to disqualification from driving. Dangerous driving convictions can also lead to mandatory disqualification from driving, as well as totting up on dangerous driving penalty points and driving fines.

Dangerous driving is still considered a relatively grey area of criminal law – Careless or inconsiderate driving or a Section 3 Dangerous Driving Offence, is where driving is considered to be below the standard expected of a competent and careful driver or to be driving that is inconsiderate.

It can include allegations of following too closely, failing to observe road markings, undertaking, causing a collision with another vehicle or object, or failing to stop in accordance with traffic controls.

Defences available to drivers charged with a Section 3 offence usually turn on the FACTS of the case.

In other words, CAN THE PROSECUTION PROVE THEIR CASE?

This will depend on the testimonial evidence of witnesses and any physical evidence such as vehicle or roadside damage.

Dangerous driving or a Section 2 Offence, is where driving falls FAR BELOW the standard expected of a careful and competent driver, and where it would be obvious to others that the driving was of such a low standard. This is considered a serious dangerous driving offence, and should be treated as such in court.

This could include driving at excessively high speed, or speed well in excess of the appropriate speed, driving in the lane for oncoming traffic, or engaging in a race with another vehicle. These are just examples of the types of driving that may attract a charge under this section of the legislation.


IMPORTANT THINGS TO KNOW
THE PROSECUTION MUST SERVE A SECTION 1 NOTICE OF INTENDED PROSECUTION WITHIN 14 DAYS OF ALLEGED OFFENCE
A SECTION 2 OFFENCE CAN BE REDUCED TO A SECTION 3 EITHER BY THE COURT OR THE PROSECUTION
SPEED CAN BE ENOUGH ITSELF TO JUSTIFY A CHARGE OF DANGEROUS DRIVING
THE PROSECUTION REGULARLY PROSECUTE UNDER SECTION 2 TO SECURE A LESSER CONVICTION UNDER SECTION 3
SECTION 3 OFFENCES CAN ATTRACT ANYWHERE BETWEEN 3-9 PENALTY POINTS
CAUSING DEATH OR SERIOUS INJURY BY CARELESS OR DANGEROUS DRIVING CARRIES SEVERE PENALTIES
BLACKWATER ROAD TRAFFIC LAW can help to defend you on dangerous driving charges, whether you have been accused under a section 2 or section 3 offence. We can assist with expert witnesses, accident investigation and reconstruction, and other aspects of forensic examination of the crown case. Dangerous driving is one of the most complex areas of Road Traffic Law, so it’s crucial you have expert solicitors on your side. Contact Road Traffic Lawyers Inverness today to see how we can help you avoid the worst when it comes to your dangerous driving charge.

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FOR A FREE CONSULTATION CALL: 0141 413 8111

THE KEY TO A STRONG DEFENCE IS KNOWING WHAT THE POLICE DON’T WANT YOU TO KNOW

DO THE POLICE EVEN KNOW HOW TO USE THE EQUIPMENT?In any case where the police have caught you using any form of speed detection equipment, in car systems, dash mounted or hand held devices of any kind, the police officers will be required to give evidence in court if you challenge the charge. If you challenge the ‘accuracy’ of the equipment the test for the prosecution is even greater. The police will need to demonstrate that the equipment is type approved, and has been properly tested, serviced and most importantly calibrated prior to use by the police. The police officers will also need to demonstrate that the equipment was “calibrated” and working as intended by the manufacturer immediately before use on the day the police used it to detect the speed of your vehicle. This is often much trickier for the police than it sounds and poses a problem for many a prosecutor.                   IS THE EQUIPMENT CERTIFICATION CURRENT? If the device used by the police does not have a current calibration certificate it may not be used in speed detection. It should always be checked as an absolute minimum inquiry of the prosecution case.                                                                                                                                                         ARE THE TESTS ON THE EQUIPMENT VALID? Speed detection equipment that falls in to the category of ‘type approved’ must always be maintained by suitably qualified technicians. It is not good enough that unqualified individuals simply carry out an assessment of the equipment. It is always worth checking the service history as well as the calibration of the equipment. Checks should be made that the servicing and technical assessment of the equipment has been carried out within the appropriate time periods, and that it was undertaken by a qualified individual. There will also be a log for the use of the equipment. This will be held by the police and can be requested. This will indicate whether the equipment has in fact been used before, how often. It may reveal issues that would not be otherwise apparent.                                                                                                                                                    HOW DID THE POLICE USE THE EQUIPMENT ON THE DAY? WAS IT CORRECT AND PER MANUFACTURER’S USER GUIDELINES? If the police carried out the proper procedures on the day of the use of the equipment, they will have checked whether the equipment appeared to be working properly. They will then have been required to test the equipment against pre determined distances. This is to ensure that on the day of use the equipment was capable of accurate measurement. The equipment should always be checked on the day of use, both before and after use on the roads. A failure to perform these important checks can be fatal to a prosecution.   ALL EQUIPMENT CAN PRODUCE BAD RESULTS IN CERTAIN CIRCUMSTANCES This is a fact. The poor skills of an operator, or their ignorance as to the proper use of the device, can give rise to inaccurate results. The inherent faults found within some of these devices can also contribute to false results. The manufacturer guidelines for all speed detection equipment is a crucial starting point for any serious challenge to the test results being used against you. To competently challenge the weaknesses often present in speeding cases, you will require the assistance of a specialist road traffic lawyer.                                                                                                                                                                   AT BLACKWATER ROAD TRAFFIC LAW we assure a strong challenge to every speeding prosecution.