The Courts in action

N.B. Offenders given custodial sentences will serve
only one half of the sentence handed down. Names
have not been given so as to conceal the identity of
the innocent victims.

Date

Brief Outline
of case

In court

the accused

Sentence

January
2008

Case 1, aged 45, attempted to overtake three vehicles including a van, on a country road, when her car hit a family car head-on. A 19 year old girl was killed, her mother had to have her leg amputated from below the knee, her three sisters had broken legs and her one year old daughter had a broken ankle.

The judge said that this “ill fated manoeuvre” according to the jury’s verdict, had not fallen below the standard of competent driving deemed dangerous. She had continued overtaking even after becoming aware of oncoming headlights.

Pled not guilty
to dangerous driving

£1500 fine
18 month driving ban

January
2008



 

Case 2, aged 19, caused a collision at a junction of a main trunk road killing a motorcyclist, aged 44 years


 

The sheriff said that the offence was at the “high end” of the careless driving scale.


 

Pled guilty to careless driving.



 

Case 2 had previously six penalty points and had to resit his driving test for a road traffic offence. He had passed in March 2007.
£400 fine.
3 months driving ban

February 2008

Case 3, aged 22, a newly qualified driver admitted causing the death of his 16 year old passenger.

“the case was first and foremost a tragedy for the family of the deceased.”

Pled guilty to dangerous driving

3 years custodial sentence
5 year driving ban

March
2008

Case 4, aged 65, pled guilty to careless driving when he crashed head on into a patient transport vehicle causing the death, two days later, of a man aged 83.

The family had been told that Case 4 had crossed the white line in the centre of the road.

Pled guilty to careless driving.

£800 fine
8 penalty points

March
2008

Case 5, aged 59, attempted to pass a long queue of traffic which led to a head-on crash killing two and leaving a 14 year old, brain damaged requiring 24/7 care.

The sheriff heard that Case 5 had twice made overtaking manoeuvres to pass a long line of traffic. The defendant’s solicitor said that Case 5 was “dreadfully sorry.”

Case 5 appealed the “harsh” ban. He said “when some one pulls out and is driving to close, they get 3 points and £60 fine and that’s what I should have got”

£600 fine
2 year driving ban

March
2008

Cases 6,7 & 8 aged 21, 19 and 18 drove at 90 mph on an A road, repeatedly over taking each over resulting in a 7 car pile up which killed 3 people and injured 3 others.

The temporary judge said “cars are not toys, they are potentially lethal weapons”

All three had admitted causing death by dangerous driving

Case 6 10 years custodial sentence and 15 years driving ban (he had only just regained his license 4 days earlier after a ban for drink driving)
Case 7 8 years and 14 years driving ban
Case 8 13 months detention
5 years driving ban.

May
2008

Serial driving offender Case 9, aged 39, hit a pedestrian when he drove at 55 mph in a 30 mph zone. Case 9 had previous convictions for both careless and dangerous driving.

The judge said “Your failure to take appropriate care led to the death of an innocent man, visiting this country.”

Pled guilty to
dangerous driving

3 years custodial sentence
5 year driving ban

May
2008



 

A Licensing board chief councilor crashed his car on an A road.
He twice failed to give a breath sample to the police.

 

Pled guilty


 

fined £200 for careless driving
fined £200 for failing to stop and £500 for refusing breath tests
2 years driving ban.

May
2008




 

Case 11, aged 21, lost control when doing more than 50 in a 30 mph limit, killing his 18 year old passenger. A surviving passenger (who suffered a fractured vertebrae) had told him to “slow down.”

The judge banned Case 11 from driving ahead of sentencing and told him “this is the sort of offence which attracts a sentence of imprisonment.”

 

Pled guilty to causing death by dangerous driving

2 years and 9 months
custodial sentence



 

May
2008



 

Case 12, aged 22, overtook, on the wrong side of the road and on a blind summit, and crashed into a car resulting in the death of 5 people.

The judge said “Three of the victims were members of one family .. impossible to comprehend the suffering your actions have caused the survivors.”
 

Pled guilty to causing death by dangerous driving

 

2 years and 4 months custodial sentence.
10 years driving ban.
The judge took into account an appeal for mercy from the mother of one of victims.

July
2008

Case 13, aged 66, was driving home from a post-round lunch and drinks, when his car swerved across the road hitting a car killing the driver aged 70.

The sheriff said that Case 13 was well aware he suffered from sleep apnoea which had been diagnosed several years before. Despite being under the drink drive limit his actions were “unforgivable.”

Admitted careless driving & “nodding off.”

£5000 fine
5 year driving ban

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