I recently read in the Scotsman newspaper that a group of vigilantes hand been handed speed detection devices and set loose on the drivers who have the misfortune to drive through their villages. What next - Handcuffs and police cells built in the corner of the kitchen?

This mad scheme just adds fuel to the already blazing debate about the use of speed cameras in this country and if any ChiefConstable thinks that it is the way to develop a sense of community and security in his region he needs his head examined.

We do not live in the Wild West nor should we treat motorists like Billy the Kid with guns pointing at him/her from behind lace curtains.

This scheme is a recipe for disaster with people settling scores with their neighbours from hell! Or maybe they will just pick on a particular type of motorist like the BMW owners!

These villagers do not know what they are letting themselves in for if they expect to be treated with respect and grace when they take to the streets armed with their weapons of mass prosecution. I can see them now, standing at the side of the road pointing their laser guns at the oncoming traffic with that Dirty Harry look on their face that says "I know what your thinking punk, now,make my day"

I am certain that motorists will fight any prosecution based on the evidence of some doddering old age pensioner who zapped them with a speed gun. I would like to think that if this insane scheme makes its way to Scotland the police forces here will kick it into touch however if they don't they can rely upon me challenge every single ticket that comes across my desk!

Meanwhile if anyone wants FREE legal advice about where they stand if they have been hit with a vigilanted penalty or any other kind they can log on to the Ask a Lawyer page of our site.

I Didn't Mean To Kill....It Was An Accident

Posted by Graham Walker in speeding lawyer scotand, speeding lawyer, road traffic lawyer, Motoring lawyer, legal advice for road traffic offences in Scotland, drink driving Scotland, dangerous driving scotland, careless driving scotland

From 18 August 2008 drivers who cause death by careless driving or by driving while unlicensed or disqualified may go to prison. In Scotland you can expect to be tried on indictment before a Sheriff and Jury and get up to 5 years inside!

If you have been charged with carelss driving you need to be aware that the law and consequences have now changed and you should Ask A Lawyer before responding to any such chareg.
This is for something you had no intention of doing. You may have even tried very hard not to do it! Lets not get confused here. If you kill someone because of Dangerous Driving you can already go to jail. The distinction is that if it was a genuine error, a moment of inattention then you can now go to jail for a long time!

In the past Scottish courts have been unable to take the consequences of careless driving into account in their sentencing- For one obvious reason. "The driver didn't mean it and his driving did not fall far below what a reasonably competent driver would have done in the same circumstances" I have been practising law in the courts of Scotland for 24 years and there is no doubt in my mind that this is a poor piece of legislation drafted by those who are more concerned with placating the tabloid press than justice.

How can it be just to jail a person for being involved in an accident caused by poor driving. We are none of us perfect and can all from time to time experience a lapse in concentration or make a momentary error in judging a speed or a distance. Do we need to be crucified because another family has been devastated by our error?

"Killer driver jailed" may be a good headline but does it make sense where for instance we learn that the careless driving amounted to a driver who swerved to avoid a collapsed drain cover causing his car to roll over and crash into another vehicle causing death? There but for the grace of God go you or I. Believe me when I tell you that the stress of knowing that you are facing conviction and jail for accident could drive a decent law abiding motorist to suicide.

The 'Don't drive distracted' announcement from Justice Secretary Jack Straw is supposed to highlight a range of new careless driving laws but seems to refer to those people who choose to drive while putting on their makeup, host a conference call on their mobile or chomp down their Big Mac and fries as they scald their legs with coffee and drive to work. THAT IS DANGEROUS DRIVING and we have a law that protects us all. If you cause a death whilst doing so I have no doubt any reasonably minded jury would find you guilty of causing death by dangerous driving and off to jail you could go. We do not need a new law extending "careless driving". If the consequence of your careless driving is a death the court say it must be taken into account does this therefore mean that if the consequences are not death but injury that must also now be taken into consideration. I would suggest that the answer is now, yes. In Scotland we will have to see what the High Court makes of our new laws and how to interpret same.

Changing the law in relation to those idiots who cause death whilst deliberately driving without insurance or a licence has been a long time coming but again it does open the general public to a level of judicial jeopardy that they have never been in before. If you haven't checked your insurance company direct debits I suggest you do so today!