Archive for October, 2009

166mph on a motorbike on a road with a 60mph limit in Scotland has been jailed

Wednesday, October 28th, 2009
Published: By The Telegraph 12:06PM GMT 28 Oct 2009

Purves, 27, was jailed for nine months and also handed a five-year driving ban after reaching the top speed on the A702 near West Linton, Peeblesshire, earlier this year.

Police caught Purves on May 13 when they were alerted by a ”high-pitched engine noise” while on patrol.

Peebles Sheriff Court heard that one of the officers involved, a man of 28 years’ experience, was ‘’shocked” at the ”excessively high speed” achieved by Purves.

Fiscal depute Alastair Learmonth told the court: ”The speed libelled (charged) of 166mph is thought to be the highest speed recorded on a public road in Scotland.”

Purves, from Cockburnspath, Berwickshire, earlier admitted a charge of dangerous driving.

His lawyer argued the case for a non-custodial sentence, saying his client was a man of good character who had been ‘’seduced” by the power of his high-speed bike.

Sheriff John Horsburgh told Purves: ”The speed at which you were driving this motorcycle makes a custodial sentence the only appropriate one.”

The court heard Purves was clocked on the stretch of road between West Linton and Dolphinton at around 7.25pm.

When police caught up with him, their equipment recorded that he had reached 166.15mph on his Suzuki bike, the court was told.

Mr Learmonth said: “It appears that Mr Purves did not dispute the speed recorded.”

Defence lawyer Graham Walker said his client, who has now sold his bike, was of good character, remorseful and was “normally a mature and reasonable young man in every way”.

He said it was clear no other vehicles were using the road at the time and nor were any cars parked nearby.

“I think it’s fair to say the level of risk that the public were subjected to was very low but there was considerable danger, I think, to the accused himself,” he told the court.

Mr Walker said that Purves’s parents had been “extremely supportive” of him, but he added: “They have also been extremely angry about the risk that he took that day.”

Purves’s speed was “appalling”, Mr Walker said, but stressed his client posed a low risk of re-offending.

“It’s fair to say that superbikes or motorbikes of this kind may have a seductive speed appeal and I think it’s also fair to say that Mr Purves was seduced by that element of speed on a long, quiet, straight stretch of road,” he said.

Sheriff Horsburgh reduced Purves’s sentence to nine months from a starting point of 12 months on account of his guilty plea.

The court heard Purves was clocked on the stretch of road between West Linton and Dolphinton at around 7.25pm.

When police caught up with him, their equipment recorded that he had reached 166.15mph on his Suzuki bike, the court was told.

Mr Learmonth said: “It appears that Mr Purves did not dispute the speed recorded.”

Defence lawyer Graham Walker said his client, who has now sold his bike, was of good character, remorseful and was “normally a mature and reasonable young man in every way”.

He said it was clear no other vehicles were using the road at the time and nor were any cars parked nearby.

“I think it’s fair to say the level of risk that the public were subjected to was very low but there was considerable danger, I think, to the accused himself,” he told the court.

Mr Walker said that Purves’s parents had been “extremely supportive” of him, but he added: “They have also been extremely angry about the risk that he took that day.”

Purves’s speed was “appalling”, Mr Walker said, but stressed his client posed a low risk of re-offending.

“It’s fair to say that superbikes or motorbikes of this kind may have a seductive speed appeal and I think it’s also fair to say that Mr Purves was seduced by that element of speed on a long, quiet, straight stretch of road,” he said.

Sheriff Horsburgh reduced Purves’s sentence to nine months from a starting point of 12 months on account of his guilty plea.

Penalty Point Discount For Early Pleas?

Sunday, October 25th, 2009

The Euan William Ross appeal conducted recently at the High Court in Edinburgh has been set down for a 5 bench decision. This case could have very significant repercussions in connection with road traffic cases in Scotland.

An inducement for drivers to tender an early guilty plea may save certain motorists from a “totting Up” ban and I would therefore imaging would be very popular.

However the court are unlikely to advise the accused of what, if ANY discount will be applied to the penalty points until the guilty plea is tendered therefore if this appeal is successful motorists would require to wait a long time to see how the whole discounting system beds in and how it is being applied by various Magistrates and Sheriffs around the country.

The argument put forward by Advocate Claire Mitchell is that if the accused are entitled to have sentencing discounts as per the case of Du Plooy and s196 of the Criminal Procedure Scotland Act 1995 then these discounts should be applied to the penaly point system in road traffic cases. After all the periods of disqualification can be discounted therefore why cannot penalty points be reduced.

Presumably Ms Mitchell is considering the position where the only points that Statute provides for is a minimum of 3 eg Where you run a red light or you are charged with illegal use of your mobile phone whilst at the wheel of your car. I would guess that the High court judges would have no real problem with the logical proposition that points can be discounted for an early plea in situations such as where a careless driving plea merits a reduction from 8 points to 6 or something similar for an insurance charge but would think that the sticking point will be the minimum points type charges.

Would such a system clear the lower courts of road traffic cases? In my view it would have a very positive effect in clearing the courts of trials where the accused face a “Totting Up” ban and they require to fight the case knowing that they are guilty but desperately clinging to the hope that a good lawyer will save their bacon!

We will have to wait for the outcome of the 5 bench decision with baited breath.

Postal Strike Delays Proper Service of NIPs

Friday, October 23rd, 2009

According to the Telegraph around 58,000 motorists a week are caught speeding by safety camera partnerships. If they are not stopped by the police at the time of the incident then they should receive an Notice of Intended Prosecution within 14 days of the date of alleged offence.

In most cases they are fined £60 and receive three points on their licence.

However we are about to see a series of postal strikes therefore possibly thousands of these tickets could become invalid due to the ate service of the NIP.

The systems for issuing such letters tend to be highly automated and you can normally expect that a letter will have been generated and  is en route to the home of the registered keeper VERY soon after the offence. When visiting the GATSO factory a few years ago they told me that they had a system in place that recognised the number plate, interrogated the DVLA computer and printed an NIP within seconds.

However during this strike it just might be possible that the highly efficient system will have a major hiccup. Normally the notice is deemed to have arrived on the second working day. But this is not practical during a postal strike.

So what should you do?

Keep a diary of events and note when you saw the Flash of a camera or saw the Talivan on an overbridge. Keep a note of when the NIP arrived at your home and details of any witnesses to that delivery.

If you receive an NIP keep the envelope it came in.

If you have any witnesses who saw the document arrive tell them to note this in a diary or on a piece of paper that can later be referred to in court if required.

What NOT TO DO is just to ignore the notice and hope that it will go away. See a specialist solicitor and take some advice. We provide free online case consultations so please just drop us an e mail and we will let you know where we reckon you stand on this issue.

The 14 day time bar issue is not a simple one and like many such areas of law, matters will depend on what has been set as precedent by the High court in the past.

If you ignore it or pretend it didn’t happen you will open yourself to prosecution under s172 Road Traffic Act and this renders you liable to 6pp and even a discretionary disqualification in some instances.

Do not be tempted to lie about the date of receipt either or you could end up in really hot water called “Attempting to pervert the course of justice.” First offenders have gone to jail for this offence so do not underestimate the gravity of the matter

When in doubt just pick up the phone to us or go online and send us an e mail regarding your own situation

Video Channel Launch For Roadtrafficlaw.com

Thursday, October 8th, 2009

We are delighted to announce the launch of our new on-line video channel.

We are the first law firm in Scotland to offer legal advice by online video. We utilise video in e mail and provide our clients with online legal support and advice 24/7 365 days a year. Graham Walker said “The point of the internet is to make our service accessible and video technology is the way to make our service friendly and easy to understand. We can take difficult concepts and explain them by a video e mail and we can deliver our core message through our own TV channel hosted with moviecom.tv. The result is that potential clients get the chance to “meet us” and understand how we tick before deciding how to proceed with their case instructions.”

“We reckon that our clients are ready for this technology. Rather than sending out fact sheets or news sheet information packs we can just update our movie channel. The immediacy of the medium seems to appeal to many of our clients who are very much the You Tube generation who expect to pull video information from the ether whenever a crisis arises.”

This innovative technology will allow us to provide in house training for our solicitors and support staff and again should help ensure that we all have the latest cutting edge information available at all times. By using video we have found it easier to build business relationships with other firms who get that “We know you feeling” just by viewing our online videos, web broadcasts and video e mail.

Moviecom works for us as they have truly understood the value of good production combined with the need for immediacy in message delivery. They provide a new and revolutionary service for the business community to truly enhance the way businesses communicate. They have taken existing communication mediums such as the Internet, email, direct marketing and TV and merged them with Online Video content to create a new, innovative and powerful technology”