
Edinburgh Sheriff Court — Road Traffic Cases
Motoring prosecutions arising in Penicuik are heard at Edinburgh Sheriff Court and Justice of the Peace Court, Sheriff Court House, 27 Chambers Street, Edinburgh EH1 1LB, in the Sheriffdom of Lothian and Borders, since Midlothian has no sheriff court of its own. Routine summary motoring 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, which sits in Edinburgh.
Motoring Offences We Defend in Penicuik
Drink Driving and Drug Driving — Scotland's limit of 50mg of alcohol per 100ml of blood is the lowest in the United Kingdom, and in a district where reaching a pub or a friend's house means driving there, morning-after charges are common. We examine Intoximeter calibration and maintenance records, the procedure followed at the police station, and whether the hip flask defence applies. Dangerous Driving — conviction brings disqualification for at least 12 months and a compulsory extended retest; on the A702 in particular, overtaking allegations turn squarely on whether the driving was dangerous or merely careless, and that distinction is worth fighting. Careless Driving — often the right charge where the Crown has pitched it too high, and often a question of what the road conditions genuinely allowed. Speeding — the A702, the A701, the A703, the A6094 and the A720 city bypass are all 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.
