Special Reasons for Non Endorsement at Glasgow Sheriff Court. Client was found guilty of Careless Driving, by driving beyond a red light and causing an accident with another vehicle. However, it was argued that there were Special Reasons not to endorse the licence with penalty points. The court agreed and no points were imposed.
Dominic Sellar has appeared in thousands of cases. What follows is a selection of cases that reflects his experience in the area of road traffic law. Although personal details have been omitted each case is verifiable. Most of the cases arose during Dominic Sellar’s employment with another firm.
Excessive speeding offence at Dumfries JP Court. The client’s licence and job were in jeopardy having been charged with driving at a speed in excess of 100mph on the M74. Following representations, the Court refrained from disqualification and imposed points and a fine.
Dangerous Driving at Lanark Sheriff Court. Driving on M74 at a speed over 100mph, while overtaking and in adverse weather conditions the client had been charged by the police with Dangerous Driving. We were able to prove, amongst other things, that the weather wasn’t quite as bad as the police had suggested. He pled guilty to the lesser offence of Careless Driving. The Sheriff imposed a fine and penalty points. He therefore avoided disqualification and an order to re-sit his test.
Speeding on A9 at Perth JP Court. The client was charged with speeding on A9 at an excessive speed. Following representations at an early stage in the proceedings the Court endorsed his licence with penalty points and the client kept his driving licence.
Speeding Offence at Kilmarnock JP Court. The client was charged with driving at a speed that was 27mph over the speed limit. Following discussions with the Crown a plea was tendered to a lower speed. His job depended on his licence and he avoided disqualification with the imposition of a fine and penalty points.
Mobile Phone Offence at Greenock JP Court. The client was charged with driving while using a mobile phone. He had 9 live points and was facing disqualification under totting-up procedure. He denied the offence. At the trial the Crown made a motion to adjourn because they could not proceed without an essential witness. The motion was opposed by the defence and the Court deserted the case. No further proceedings were taken.
Speeding on M74 at Lanark JP Court. Penalty points imposed despite speeding well in excess of the speed limit.
Dangerous Driving offence at Aberdeen Sheriff Court. The client was a New Driver, with three live points. He was charged with Dangerous Driving by racing at high speed with another car on country roads over a considerable distance. It was also alleged that he had driven on the wrong side of the road in the face of oncoming traffic and causing other vehicles to take evasive action to avoid a collision. He instructed us to negotiate a plea with the Crown. After lengthy proceedings he pled guilty to the lesser charge of Careless Driving. Because he was a new driver, he did not want additional points which would have resulted in the revocation of his licence and the requirement to re-sit his test. He instructed us to seek a short term disqualification and was disqualified for 30 days.
Special Reasons at Glasgow JP Court. The client was convicted of driving without insurance. He maintained that he did not know that the vehicle was not insured. A court hearing was fixed and evidence was given. The court accepted that there were Special Reasons not to endorse his licence with any penalty points.
Dangerous Driving at Forfar Sheriff Court. The client was charged with dangerous driving by driving at an excessive speed on the A90 while overtaking other vehicles. He was facing a mandatory 1 year ban and a re-sit order. We were able to persuade the Crown to accept a lower speed and reduce the charge to Carless Driving. The client instructed us to tender a plea to the lesser charge of Careless Driving. He had 9 live points and was now facing disqualification under totting-up provisions for a period of no less than 6 months which he could not afford. The Court granted our request for a short-term ban of 3 months.