
Kilmarnock Sheriff Court — Road Traffic Cases
Motoring prosecutions arising in Kilmarnock are dealt with at Kilmarnock Sheriff Court and Justice of the Peace Court, Sheriff Court House, St Marnock Street, Kilmarnock KA1 1ED, in the Sheriffdom of North Strathclyde. Routine summary business — speeding, careless driving, insurance and licence offences — is generally taken in the Justice of the Peace Court, while drink driving, dangerous driving and cases prosecuted on indictment call before a sheriff. Where a collision has caused a death, the charge of causing death by dangerous driving is prosecuted in the High Court of Justiciary. Kilmarnock is among the busiest courts in Scotland and its motoring rolls move accordingly, which is a reason to arrive prepared rather than to hope for time.
Motoring Offences We Defend in Kilmarnock
Drink Driving and Drug Driving — Scotland's limit of 50mg of alcohol per 100ml of blood is the lowest in the United Kingdom, and it catches drivers who would be well inside the limit south of the border. We examine Intoximeter calibration and maintenance records, the procedure followed at the police station, and whether the hip flask defence is open on the facts. Dangerous Driving — conviction brings disqualification for at least 12 months and a compulsory extended retest, so whether the driving was dangerous or merely careless is frequently the entire case; on the A76 and the A71 that argument usually turns on a single overtaking manoeuvre. Careless Driving — a question of degree, and often the correct charge. Speeding — the M77 and A77, the A71, the A76 and the A735 are all routinely enforced; we check device type approval and calibration and whether a Notice of Intended Prosecution was served within 14 days. Totting Up and Exceptional Hardship — at 12 penalty points the court must disqualify for at least 6 months unless exceptional hardship is proved on evidence. Driving Without Insurance — 6 to 8 penalty points or discretionary disqualification. Mobile Phone Offences — 6 penalty points. Driving While Disqualified — a charge carrying a real risk of custody.
