Country Road Crackdown

The campaign, starts at 7 a.m. today (Tuesday) until 7 a.m. on Friday, May 11.

Offences that they will be looking out for are seatbelts,speeding and mobile phone use. Their main point is to get people to slow down and take care on country roads.

Country roads are generally roads outwith urban areas which have a speed limit, for a car/motorcycle greater than 50 miles per hour. Nearly 66 per cent of all fatal or serious road traffic collisions occur on these types of roads.

Chief Inspector Sandy Bowman, head of road policing, was reported in the Arbroath Herald as saying: “As the better weather comes to Tayside, vulnerable motoring groups will be taking to the roads again such as motorcyclists, horse riders, agricultural vehicles, etc.

“These are the type of groups that use country roads for the majority of their time on roads. It is important for all motorists to be aware of such hazards on these roads such as slow moving vehicles, mud on the road, hidden junctions, narrow lanes, etc.

“Ask yourself “do you know what is around the next corner?”, “can you stop in the distance that you can see to be clear?” When using country roads these are all questions you should be asking yourself.”

He continued: “Tayside has some of the most scenic and well maintained roads in Scotland which brings a large number of tourists to our region that may not be familiar with the road they are on. It is quite plausible that these motorists, being unaware of the roads may carry out sudden manoeuvres without looking because they are looking for something, such as a tourist attraction or their hotel. Be aware of vehicles carrying out unexpected turns in the road ahead and be prepared to stop if need be.

“This time of year traditionally sees an increase in the number of drivers and motorcyclists using our roads. Although the majority drive/ride responsibility, a small minority do not and this is the group which we will be dealing with robustly.We will also be actively dealing with any incidents of inappropriate use of vehicles, making full use of the powers given under Anti-Social Behaviour (Scotland) Act 2004 to warn drivers and seize vehicles when appropriate.

Yeah, they can seize your car, if they consider that an Anti Social Behaviour Order is appropriate. In our experience they tend to only use this type of order on young drivers who have a history of being stopped and failing to take warnings regarding their driving behaviour. I consider that it would be an abuse of process to simply start taking cars off people because they have been speeding or using their mobile phones.

The powers are there but we have to make sure that the guard dogs use this power in a manner that is appropriate in our modern society. It may be that the Chief Inspector was simply wanting to make a strong point about the increased danger of country roads a bit stronger. If so….job done.

If they want to take your car away then give us a call or get in touch online at www.roadtrafficlaw.com

The ACPOS (Association of Chief Police Officers Scotland) ‘Days of Action’ form part of an ongoing National Campaign Strategy by ACPOS focused on reducing the number of casualties on our roads.

In 2010, 133 out of the 189 fatal road accidents in Scotland (over 70%) happened on ‘non built up roads’ generally with a speed limit greater than 40mph. A contributory factor for a significant proportion of these road deaths was one of the following: exceeding the speed limit; not driving appropriately for road conditions drivers and passengers; and not wearing seat belts.

Most accidents happen on country roads so it is good o see a targeted drive at lowering speeds and making people aware of the dangers on country roads. You never know if a family of unsteady cyclists are around that next corner so we need to get the message through, that people need to be aware on country roads and drive as the conditions dictate. Becauase it is a lovely sunny day does not mean that 60mph is appropriate remember that “lovely sunny days bring out other road users like cyclists, pedestrians and motorcyclists.

Speeding offences can result in a £60 fine and three to six penalty points or, in serious cases,a discretionary ban and a court appearance.

During this campaign Northern Constabulary will make use of marked and unmarked police vehicles to carry out static speed checks at specific areas of interest.

The Highlands and Islands have some of the most scenic routes in Scotland but don’t let that lull you into a false sense of security. A farmer might just be toddelling along that road with two great big spikes on the front of his tractor that can make a superb kebab of the unsuspecting, motorcyclist!

Northern Safety Camera Partnership will also be out on the roads to deter any motorcyclists or drivers who are putting people’s lives at risk due to excessive speed.

For up to date information on road conditions and all aspects of motorcycling in Scotland, please visit the dedicated website www.aroundthecorner.org.uk

We have represented many professional people over the years in relation to such charges and one of the key considerations for us is that our clients understand what we can do for them and what we cannot do for them.We cannot reduce the level of shame that they will feel. we cannot make them feel better about themselves. A mandatory minimum ban of 12 months will be expected from the court except where the reading is higher than normal when a much higher period of ban can be anticipated. Such cases are always fraught with emotion as people are often racked with guilt as well as apprehensive about how their friends, relatives, colleagues, neighbours will react to the revelation that they have been convicted of such an offence.

It was reported in the Scotsman that Dr Iain McNicol, who had known Dr Weldon for almost 20 years and carried out locum cover for her on Eigg six weeks ago, said: “Everyone is shocked at the news. What a waste of talent.

“Rachel was a very nice person who liked to help people and a very well thought of doctor by all her colleagues. We are really sorry for Eric, Rachel’s husband, and her mother. Eric was very much her support in the practice and he ran the boat for her.”

Maggie Fyffe, leader of the 95-strong community on Eigg, said: “I am totally stunned by Rachel’s death. The entire island group feels the same.”

Another Eigg resident, who did not want to be named, said: “We all found out on Thursday and none of us can understand it. She was a very good doctor and will be sadly missed.”

On the island of Muck, Mary MacEwen of the Port Mhor Hotel said: “Everybody on Muck is shocked, because she was a wonderful doctor.”

A spokesman for NHS Highland said the health board was “deeply saddened to hear of the death of Dr Rachel Weldon. Our thoughts are with Rachel’s family, friends and the local communities.”

To those of you facing such a charge this story may allow you to see that other people do understand how you are feeling and not everyone will be first to caste a stone in your direction. Usually a drink drive conviction for an otherwise responsible member of our society will often be an indicator of a more serious illness or condition. Such people convicted of this type of offence can often be directed by the court to receive treatment and assistance with any reliance issues they have and underlying problems. Such a charge therefore can often be the catalyst that starts a person on a road to recovery or at least helps in identifying a much larger underlying problem.

Barnardo’s make the strong point that child abuse is not just a Third World issue. It is happening right on our doorstep and the problem is growing. It is hidden by the shame and fear of victims but some times a light is shone into that world and we gain an insight into the terrible fear that many children are living everyday.
It is not a problem simply driven by poverty but I have no doubt that that the level of severe child poverty in Scotland goes a long way to exacerbating this awful problem.

Thousands of teens and children are subjected to sex abuse and trafficking in the UK every year. Barnardo’s has launched its Cut Them Free campaign to help tackle the appalling scourge.

It was reported in the press today that Nick Clegg’s wife (Who probably doesn’t appreciate being referred to as “Nick Clegg’s wife) is due to host a a reception at 10 Downing Street to raise awareness of an issue that should worry all of us. I am afraid that I do not have that political clout so I have elected to abseil off the Skypark building as the thought of a fat lawyer falling to an early demise might encourage a few people to put a few quid, in the good cause kitty.

I have never been moved to get involved in any such fund raising and campaigning over my 54 years on this planet but this truly is a frightening, shocking and distressing cause.

Kids leave (Run away) from impoverished homes in Glasgow, Dundee, Aberdeen and all over the country to head off for the bright lights of London, where we all know, that the predators and perverts take advantage of them but this problem is not something that just happens with homeless kids on the streets of London. It could and will be happening in a a nice middle class street, near you, as I write.

Any kids who are suffering need to know that this need not be in silence and that they will receive support and help to end the abuse. Yes, the Local Authorities and Social Services try to solve the problem but the truth is that the resources to tackle this problem are just not there.

Only last year Barnardo’s registered almost 1,200 children who had been sexually exploited across the UK.

This was 8.4 per cent HIGHER than the previous year but, unfortunately, that is only the tip of the iceberg.

A report in Today’s Sun Newspaper reported that “Most victims never speak up. Many don’t realise they are being sexually exploited and they even, unwittingly, help criminals recruit new victims.

Hundreds of victims are — unknown to their parents and friends — stuck in criminal gangs. In most cases the victims are teenagers but there are cases of 11-year-old children being sexually exploited.

There are no specific targets. It affects people of every race, gender and economic and social background, in both cities and rural areas. The criminals find their victims in shopping centres, parks or cafes.

They look for vulnerable children or teenagers in need of affection or not mature enough to distinguish between abuse and love. The abuse takes place in person or via social media, through the internet and mobile smart phones.

It can adopt many faces — girls exploited by older boyfriends who force them to sleep with other adults “as a proof of love”, young teenage males persuaded to give sexual favours in exchange for money, cigarettes or mobile phones, and “mysterious” internet friends obtaining pornographic material as a reward for “true love and friendship”.

As a criminal lawyer in Glasgow for more than 25 years, I have seen a great many cases, and cases of child abuse are always the most deeply distressing and upsetting.

Miriam Gonzalez Durante made the point that “The taboo surrounding sexual abuse makes it very difficult but ignoring the problem is not going to sort it.”

Parents, teachers, policemen, the media — we all play important roles: Detecting the signals, arresting the criminals, spreading the word and raising our children confident and strong.

I support Ms Gonzalez Durantez 100% when she says that “Local authorities are crucial and I truly hope those who haven’t signed up yet to Barnardo’s checklist to tackle this crime in their area do so in the very near future.”

More than 12,000 people have taken action to support the Cut Them Free campaign but we need many more.

Sign up to the campaign at www.barnardos.org.uk/cutthemfree

Have a look at my campaign page for a video and more information on the problem ( http://www.justgiving.com/Graham-Walker1 )and if you feel up for the fight please make a donation and considering lobbying your MP or MSP.

I contacted Bill Kidd MSP and he donated to my fund raising campaign today and I am aware he support the campaign in full.

Driver using phone while driving. If you make the mistake of answering a call or using that mobile then give us a call on 0800 612 9597

The report claims that insurance companies are blasting up those insurance premiums by about 20 per cent, according to research by for AA.

AA Spokesman Ian Crowder said: ‘Insurers are taking mobile phone offences very seriously. Their opinion is a motorist might break a 30mph speed limit without noticing but no one sends a text message, email or makes a phone call behind the wheel by accident.

AA researchers tested insurers by seeking quotations for a 40-year-old man driving a Ford Mondeo. Three companies refused to cover anyone with a conviction for using a phone.

Premiums went up by less than ten per cent for a single speeding conviction, which carries the same penalty of a £60 fine and three points.

We deal with a considerable amount of such cases over the course of the year with a mixed degree of success. We can help you if assess your chances of successfully defending such a case and provide you with more information in our information sheet. Just get in touch

My own, perhaps, cynical view is that insurance companies are not likely to refuse to insure driers who have been convicted of using their mobile phone but much more likely to be hiking up insurance premiums.

I suppose this makes the costs-v- benefits equation of instructing a road traffic lawyer a bit easier to manage knowing that the insurance companies are going to fleece you for a few years if convicted of such an offence.

Affront as ambulance driver fined and points imposed

I would love to know if this man received legal advice before he tendered a guilty plea to such a charge as in my view the points and fine could have been avoided.

It was reported that the ambulance driver was clocked doing 84mph with his blue lights on on the A1 in Scotland, he then appeared at Haddington Sheriff Court in East Lothian and received a fine and endorsements.

He was reported as saying “We’re now going to have to switch off our blue lights and go through that stretch at 70mph even if it is an emergency. This will cost somebody their life if there’s too much delay on one of these organs,” he said.

He was delivering a donated liver for a desperately ill child and made it just in the nick of time.

If he was driving a properly marked ambulance with blue light and siren and on a genuine medical emergency run I am stunned that the Crown prosecuted this man but certainly consider he had a defence to the charge or at the very least could have made out Special Reasons not to disqualify.

What Are The Special Reasons To Avoid Disqualification?
Special reasons are relevant if you are convicted of a road traffic offence which has a penalty of disqualification, or obligatory endorsement. Although special reasons are not technically a defence, they can significantly reduce the sentence you receive and can mean that you avoid a driving ban.

Obligatory disqualification
- Imposed for serious offences such as dangerous driving or drink driving.
- The court must disqualify for a period of at least 12 months (more if you have a similar previous conviction, or if the offence is particularly serious one).
- The court may shorten the period of disqualification or remove it altogether if it considers that there are “special reasons” to do so.

Obligatory endorsement
- Imposed for a range of offences, including speeding, using a mobile phone, not having insurance, as well as more serious offences where disqualification can also be imposed.
- The court may impose anything up to 11 penalty points.
- If the court thinks that there are “special reasons” for doing so, they will decide not to endorse your licence (it cannot reduce the number of points it imposes).

Special reasons can only relate to the facts and circumstances of the offence itself, such as the reason why it was committed. Your personal circumstances, for example the effect that the disqualification/endorsement will have on you or others, or the fact that the offence was “trivial” (for example if you only slightly exceeded the speed limit) do not count as special reasons.

Examples of special reasons

Medical emergency
If you can show that you committed the offence only because of a medical emergency, then this will amount to a special reason. However, the emergency must be genuine and unforeseen. You must also show that you drove only as a last resort: you must have exhausted all other possibilities of dealing with the emergency, including contacting the emergency services. For example, if a driver who lived in a rural area drove (whilst over the legal limit) to take his seriously sick child to hospital because no ambulance was available, then this would probably amount to a special reason for not disqualifying.

Short distance
Whether the fact that you only drove for a short distance amounts to a special reason depends on the whole circumstances of the incident. The law is complex in this area, but what is clear is that the distance must be very short indeed, and the court will carefully consider any danger that you posed to the public.

Laced Drinks
For offences involving alcohol, it will not be a special reason if you did not realise how much you drank. But if you don’t know that you are drinking alcohol (for example, if you are served regular beers when you asked for alcohol-free ones), or you don’t realise how alcoholic your drink is (for example, if someone “spiked” your pint with shots of tequila), then a special reason might be established if it was obvious that the unadulterated drink would not have put you over the legal limit

Average Speed Cameras Catch 3,500 Scottish Motorists

The 40mph limit on the M90 at Halbeath in Fife, is being monitored by a set of average speed cameras that I would guess have recouped their purchase and installation costs in the first 5 months of ownership but my sources tell me these average cameras tend to be subject to faults and this means a high cost for on going engineering and maintenance. I wonder what the net return really is but more importantly if they really reduce accidents at this location.

In general I would suggest that Average Speed Cameras do seem to have a real deterrent effect on the speeding motorist as they are not just limited to one small site footprint but cover an entire stretch of road.

The Scotsman Newspaper reported that
Labour MSP John Park said the figures were “extraordinary” and added that the news would anger those who already view the cameras with suspicion.

SNP MSP Graeme Dey, who lodged the parliamentary question, said the figures showed the speed cameras were doing their job. With the New Scotland Act allowing our Scottish Government to determine the law in relation to speeding we may see average speed cameras spring up all over the place and we might even see then reducing speed limits whilst the Westminster Government presently consults on increasing motorway limits to 80mph

No system is infallible and they deserve to be tested to the limit if your driving licence depends upon it so get it touch with us for a free case consultation if the average speed cameras have generated a court citation for you and we will try to help out.

• North Hanover Street at Queen Street Station looking north.
• Glassford Street at junction with Wilson Street looking south.
• Hope Street at junction with Waterloo Street looking north.
• West George Street at junction with Hope Street looking east.
• Duke Street at junction with Gateside Street looking west.
• Cathedral Street at junction with North Hanover Street looking west.
• Maryhill Road at Queen Margaret Drive looking east.
• Argyle Street at junction with Union Street looking west.
• Maryhill Road at junction with Dalsholm Road looking west.
• Great Western Road at Clevenden Road looking west.
• Victoria Road at St Andrew’s Cross looking north.
From Monday they will be on and ready to raise revenue. Sorry, I mean, help traffic flow in Glasgow.

The only saving grace is that we will not pick up penalty points if we stray into the lanes without checking our watches.

Brian Devlin, Executive Director of Land and Environmental Services, said: “The minority of drivers who abuse bus lanes are inconsiderate.

“Not only do they inconvenience others and cause frustration but they also threaten the safety of pedestrians, cyclists and other road users.

“We believe that civil enforcement will help lower the number of offences in Glasgow, improve the flow of traffic on a number of congested stretches and improve the reliability of bus journeys on some key routes.

“Introducing this new scheme is not about making money for the council. Indeed the scheme is designed to be self funding with any surplus income reinvested in local transport plans and initiatives.”

Bus lane enforcement used to be the responsibility of Strathclyde Police but new civil enforcement legislation allows the council to issue penalty charges.

The enforcement system uses automatic number plate recognition (ANPR) technology, where the camera will determine whether or not the vehicles entering the enforcement zone are on the approved list of vehicle registration numbers (VRN).

If the VRN is not on the list, an evidence pack is generated containing a video clip of the vehicle which is then reviewed by an enforcement officer.

If a vehicle is found to be in a bus lane illegally, a charge notice will automatically be sent to the registered keeper.

Digital images will be included to minimise challenges.

Anyone who feels they have been unjustly fined can register for an appeal and have it heard by an independent bus lane adjudicator.

BWM recall cars re fire risk

Fleetdirectory.co.uk recently published the warning on their website and we felt that it merited a repeat here to raise awareness of the problem.The problem affects all previous generation 5 and 6-Series models built between 2003 and 2010.

BMW explained that in some cases, the battery cable cover inside the boot may be incorrectly mounted which could lead to a malfunction of the electrical system and the vehicle failing to start.

In the most extreme cases, this has resulted in charring and even fire.

Owners can have their vehicle checked and repaired free of charge at any authorised BMW dealer within about 30 minutes. All owners will also be notified in writing.

The BBC claims that nine incidents of the fault have been reported but BMW insist that no injuries have been reported resulting from this fault.

The recall comes just as BMW announces that it has embarked on a research collaboration with Toyota in developing the next-generation lithium-ion battery cells.

The project aims to increase the performance and capacity of lithium-ion battery cells through the use of new combinations of materials for cathodes, anodes and electrolytes.