• Monday, October 14, 2024
Trinity's Sophie Johnstone Success in Careless Driving Trial

Trinity Criminal and Regulatory barrister, Sophie Johnstone made a successful submission of no case to answer in a recent careless driving trial.

The defendant was charged with an offence of careless driving. Specifically, it was alleged that the defendant did not drive with reasonable consideration for other road users.

The prosecution had been instigated following submission of footage from a cyclist’s helmet camera, the allegation being that the defendant had overtaken the cyclist without enough room.

Upon consideration of the evidence and at the close of the prosecution case, Sophie Johnstone made a submission of no case to answer which included an analysis of the relevant statutory provisions and applicable case law. The charges against the client were dismissed and the defendant maintained his previous good character.

Prosecutions of this kind are increasing, known colloquially as “close pass” or “too close” prosecutions. With the mounting use of helmet cameras and “dash cams” motorists are at a heightened risk of their driving being reported.

As a guide, the Highway Code suggests that, for up to speeds of 30 mph, motorists should allow at least 1.5 metres when overtaking cyclists. However, assessing an exact distance between motorist and cyclist is incredibly difficult.

Trinity Chambers has an extensive team of specialist motor offence defence barristers dealing with a wide range of increasingly complex driving related cases.

Sophie was instructed by Blackfords LLP and has a busy motor offence practice covering all matters from Magistrates to Crown Court.

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