Following a trial before Mold Magistrates Court, North Wales, today, our client was found not guilty of a charge of driving without due care and attention or careless driving, an offence which is committed when a persons driving falls below that expected of a “competent and careful” driver.
The case arose from our clients involvement in a road traffic collision with a cyclist on a stretch of dual carriageway. The collision had occurred when our client had moved from lane 2 (the outside lane) to lane one, and being momentarily blinded by the sun which was low on the horizon, had not seen the cyclist and collided with him.
Neil Davies, Principal Solicitor, represented the client before the court and made detailed legal submissions, that despite the current “blame culture”, accidents, whether they are considered coincidence or acts of god do still happen, and the occurrence of an incident does not necessarily mean that someone must be to blame. In the context of the case Mr Davies submitted that whilst there had been a collision, it had occurred as the result of this momentary blinding and that in all other ways the standard of our clients driving had met the standard expected of a “competent and careful driver”.
Following a short period of deliberation, the magistrates returned their verdict and accepted that our clients driving had not fallen below the standard of driving expected and that this was very much an accident, therefore he was acquitted. The court also granted a defendant costs order, which now allows us to recover our clients legal costs on his behalf.
Needless to say, our client was happy at avoiding 6-9 penalty points or possible disqualification and a fine, and considered it an added bonus that he will now recover his legal costs.
Neil Davies, Principal Solicitor