GlasgowLive Article

What is the law on speeding and dangerous driving?



GlasgowLive Road Traffic Lawyer, Richard Freeman  gives free advice on various driving offences and Scottish  Road Traffic Law

Road traffic lawyer Richard Freeman explains why drivers travelling at speeds in excess of 100mph manage to keep their licences.

The Army Captain who escaped a ban recently for speeding at 130mph on a dual carriageway was fortunate not to lose his licence. He could quite easily have been charged with dangerous driving. I have seen many prosecutions for dangerous driving, based only on the speed of a vehicle. This is because the law provides that excess speed alone can amount to dangerous driving, due to the potential to cause danger to others or even the driver himself. For example, he might have experienced a sudden tyre blow out at 130 mph, or encountered an uneven surface, or debris lying on the road. All of which could have led to catastrophic consequences. Had the Captain been convicted of dangerous driving, he would not have been able to escape a ban. In serious cases of dangerous driving the court can also impose a jail sentence.

We often act for clients in similar circumstances where the speed of the vehicle is such, that a ban would seem inevitable.

One recent client was travelling at twice the 60mph speed limit on a single carriageway to catch a ferry leaving from Stranraer. The police report included observations that there was no other traffic on the road, and the client had a full and extended view of the road ahead which was clear of traffic. Weather and road conditions were also good. Our client was lucky enough to have the case prosecuted as a speeding offence. He was given a seven-month disqualification by the Justice Court. We appealed this to the High Court of Appeal who overturned the disqualification and imposed six points instead. We argued that the Justice Court had concentrated too much on the speed and failed to take sufficient account of other factors, including the client's personal circumstances, his previous good driving record, and the severe consequences that a disqualification would have caused him.

In the Captain’s case it may well have been that despite the colossal speed he was travelling at, the road and weather conditions were good, and traffic or pedestrians may have been absent at the time. Additionally, he may well have been an otherwise exemplary individual where the degree of recklessness in this case was out of character for him. If he had always held a clean driving record up until this offence, that would also have influenced the magistrate not to ban him.

The fact that he was a high-ranking officer would have found favour with the court, as would the consequences of a ban on his ability to serve in the Falklands the following month. No two cases are alike. It is important to know that any speeding offence approaching double the speed limit can easily be justified as dangerous driving. However, it is always best to consult an expert road traffic lawyer who might be able to find a way of getting the charge reduced to speeding.
What is the law on speeding and dangerous driving? Click HERE if you wish to view the Article on the GlasgowLive.co.uk website.

We Cover All of Scotland



Scottish Road Traffic lawyersAll of Scotland Covered:
Including: Glasgow Edinburgh Aberdeen Dundee Dumfries Paisley East Kilbride Perth Livingston Giffnock Cumbernauld Hamilton Kirkcaldy Dunfermline Ayr Kinross Kilmarnock Inverness Greenock Inverclyde Port Glasgow Coatbridge North Lanarkshire Glenrothes Fife Airdrie Falkirk Stirling Rutherglen Dumfries Galloway Motherwell Wishaw Clydebank West Dunbartonshire Bearsden East Dunbartonshire Cambuslang Newton Mearns East Renfrewshire Bishopbriggs Musselburgh East Lothian Arbroath Angus Polmont Elgin Renfrew Renfrewshire Alloa Bellshill Clackmannanshire Blantyre Dumbarton West Dunbartonshire Kirkintilloch Clarkston East Renfrewshire Bathgate West Lothian Stenhousemuir Falkirk Peterhead Aberdeenshire Barrhead Grangemouth Falkirk St Andrews Kilwinning Ayrshire Viewpark Buckhaven Penicuik Midlothian Stranraer Johnstone Erskine Larkhall Moray

We Cover All of Scotland



Do you need Legal Representation or want to Ask a Question?


Your message was successfully sent!