Defending Serious Injury and Fatal Driving Charges in Scotland
Being involved in a collision that results in serious injury is a deeply traumatic experience particularly for our clients when they have been charged with being responsible for an incident in which they were not at fault. Charges such as Causing Serious Injury by Dangerous or Careless Driving are the most severe road traffic offences in Scots law. Due to their gravity, these cases are prosecuted aggressively and are typically heard at the Sheriff Court or High Court level. We regularly assist clients charged with such offences achieving acquittals for such charges or persuading the prosecution to accept an alternative charge such as careless driving by providing dedicated preparation and representation throughout the process.
Penalties and Consequences — The penalties for these offences can be life-altering. Carrying the risk of a custodial sentence and a significant driving ban. The consequences for your liberty, family life, and employment are profound.
Challenging the Evidence — Defending these highly complex cases requires a forensic, multidisciplinary approach. We collaborate with industry-leading collision investigators, medical experts, and vehicle examiners to rigorously scrutinise the Crown's evidence regarding speed, vehicle dynamics, and causation. A critical element of your defence often involves proving that the standard of driving was not legally dangerous or careless, or demonstrating that an unforeseeable external factor was the primary cause of the tragic outcome.
Act Quickly — Immediate Legal Intervention is Crucial — If you are under investigation or have been charged following a major collision Charles Ferguson Solicitors are position to assist from the outset including prior to any Police Interview. We provide unwavering support, strategic advice, and robust representation throughout the entirety of the legal process. Contact us immediately for a confidential, urgent consultation to protect your rights and your future.
Frequently Asked Questions
Answers to our most common questions.
What is the drink-driving limit in Scotland?
The limit in Scotland is lower than in England and Wales: 22 micrograms of alcohol per 100ml of breath (compared to 35mcg elsewhere in the UK). This often means a single drink can put you over the limit.
Can I get a Speed Awareness Course in Scotland?
No. Unlike England, Scotland does not offer Speed Awareness Courses. If you are caught speeding, you will usually face a fine and penalty points or a court summons for higher speeds.
What is an 'Exceptional Hardship' argument?
If you reach 12 penalty points, you face a mandatory 6-month ban (totting up). We can argue "Exceptional Hardship" to keep your licence if a ban would cause extreme suffering to others (e.g., family or employees).
Can I avoid a ban for drink-driving?
Drink-driving carries a mandatory minimum 12-month ban. However, in very rare cases, we can argue "Special Reasons" (e.g., spiked drinks or a very short distance driven) to move the court to refrain from banning you.
How do the points work for "New Drivers"?
If you are within the first two years of passing your test, your licence will be revoked by the DVLA if you accrue 6 or more points. You would then have to resit both your theory and practical tests.
What are the penalties for "Dangerous Driving" in Scotland?
Dangerous driving is a serious offence carrying a mandatory minimum 12-month ban and a requirement to sit an extended driving test. In the most serious cases, it can result in a prison sentence.