Dangerous Driving - Beeping Horse Rider! |
Dangerous Driving - Beeping Horse Rider! |
Mon, 1 Mar 2021 - 14:26
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#1
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New Member Group: Members Posts: 7 Joined: 1 Mar 2021 Member No.: 111,779 |
Hello
Looks for some advice for my son... he has been spoken to by the police and essentially charged with dangerous driving after a report from 2 horse riders that he beeped his horn and revved his engine at them. According to my son he did indeed get in a spat with a couple of horse riders. Think one of them took exception to the speed he was going despite the fact he was continually slowing down. By the time he was going past them he was going fairly slow, slow enough that the outside horse rider has time to stick his finger up and raise his whip thing as if he was considering hitting the car with it and time for my son to reply with a middle finger back. My son stopped the car after he went past and considered having a word but decided against it and drove off again. The horse riders have reported him for beeping (which he may have done he can’t recall) and revving his engine on purpose which he denies. Given the car and the fact he stopped and accelerated again to continue down the road, he thinks they have interpreted this as purposeful revving. I have advised him to consult with a solicitor in the first instance but would be interested to know if anyone has heard of a similar situation and what a likely outcome would be given he has no prior points or convictions. This is in Scotland btw Thanks This post has been edited by Uhtred: Mon, 1 Mar 2021 - 14:31 |
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Mon, 1 Mar 2021 - 14:26
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Wed, 3 Mar 2021 - 14:53
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#21
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Member Group: Members Posts: 601 Joined: 7 May 2019 Member No.: 103,734 |
As I understand it in Scottish courts any two witnesses are assumed to be credible if they give evidence in court under oath (due to rules around corroboration). That's not my understanding, mine is that while they must have 2 means of proving something, having two does not then automatically make the evidence credible. 2 is more credible than 1. 100 is more credible than 2 but more easily discredited because of inconsistencies. What is not correct is that 2 witnesses who happen to know each other and go riding together and give evidence do not become one witness. There are more opportunities to show both witnesses are somewhat less credible than there are with only one witness. Anyway, no NIP or summons or warning at the time seems to still be on the cards for this OP on what the OP has said so far. |
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Thu, 4 Mar 2021 - 10:07
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#22
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
As I understand it in Scottish courts any two witnesses are assumed to be credible if they give evidence in court under oath (due to rules around corroboration). That's not my understanding, mine is that while they must have 2 means of proving something, having two does not then automatically make the evidence credible. I said it was assumed to be credible - the witnesses are assumed to provide a true account which isn't diminished by prior meetings. As always the court will assess the credibility of any evidence. The suggestion above was that the police would automatically ignore/not take into account the evidence of one of the horse riders. |
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Sun, 28 Nov 2021 - 18:10
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#23
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New Member Group: Members Posts: 7 Joined: 1 Mar 2021 Member No.: 111,779 |
In case anyone is at all interested in an update on this, the Procurator Fiscal sent a letter confirming the charge would be for Careless driving however they also offered the opportunity to divert prosecution by agreeing to have a few calls with the Social Work department.
Following completion of the “diversion from prosecution” there is now no further action being taken. Don’t think we could have asked for a better result, no sanction, no court and no legal costs! |
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Sun, 28 Nov 2021 - 18:31
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#24
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
In case anyone is at all interested in an update on this, the Procurator Fiscal sent a letter confirming the charge would be for Careless driving however they also offered the opportunity to divert prosecution by agreeing to have a few calls with the Social Work department. Following completion of the “diversion from prosecution” there is now no further action being taken. Don’t think we could have asked for a better result, no sanction, no court and no legal costs! Thank you. We are always interested in hearing the outcome of cases. As a rather elderly Scotsman (living in England) I am still occasionally surprised by the quirks of my native legal system. Having "a few calls with the Social Work department" is a new one on me! |
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Sun, 28 Nov 2021 - 23:08
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#25
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New Member Group: Members Posts: 7 Joined: 1 Mar 2021 Member No.: 111,779 |
In case anyone is at all interested in an update on this, the Procurator Fiscal sent a letter confirming the charge would be for Careless driving however they also offered the opportunity to divert prosecution by agreeing to have a few calls with the Social Work department. Following completion of the “diversion from prosecution” there is now no further action being taken. Don’t think we could have asked for a better result, no sanction, no court and no legal costs! Thank you. We are always interested in hearing the outcome of cases. As a rather elderly Scotsman (living in England) I am still occasionally surprised by the quirks of my native legal system. Having "a few calls with the Social Work department" is a new one on me! Yeah even the solicitors we spoke to were surprised and said it wasn’t something they had come across for driving offences before. Maybe a way for them to cut through the Covid backlog! |
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Mon, 29 Nov 2021 - 00:27
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#26
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Good result all round.
Might be worth getting a dashcam though. At least around here horse riders are miserable sods with long memories and a habit of complaining to authorities. |
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