Crime Solicitors

More and more drivers are relying on dash cams to quash road traffic charges, but what happens when they actually prove the offence?

A recent case saw the first driver convicted of dangerous driving as a result of dash cam footage. The video recording revealed the driver undertaking a lorry before slamming on his brakes in a fit of road rage.

Dash cam recordings can be used as admissible evidence when a case goes to court, but this is the first time that a case has resulted in a conviction purely on the merit of that footage.

Without this footage, it would be one driver’s account against the other’s, meaning the court would have had to rely on credibility to ascertain whether the defendant could be capable of committing the offence. This means referring to details of previous convictions and/or previous reprehensible behaviour of both the complainant and the defendant as a way of identifying whether the defendant’s behaviour is consistent with the alleged crime.

In this case the driver, Mr Schofield, had no previous convictions and the defence submitted that the manoeuvre was out-of-character. A court would have been excused for thinking that he was not capable of the alleged offence and perhaps the charge would have been dropped.
PC Liz Thompson, from the Serious and Complex Collision Investigation Unit, thanked the member of the public who handed in the footage, since it made the prosecution possible. Due to the nature of the offence, there was no damage done to the vehicles involved as the lorry driver had slammed on his brakes in time to avoid collision. As a result, the dash cam footage was the only physical evidence available.

Since the manoeuvre clearly demonstrated a high level of risk to the lives of other motorists, Mr Schofield and the lorry driver involved, Mr Schofield was convicted of dangerous driving. He was sentenced to 200 hours of unpaid work, fined £620 and disqualified from driving for 12 months. Once he returns behind the wheel, he has to complete an extended driving test in order to have his licence reinstated.

Neil Sargeant, Motor Law specialist at Duncan Lewis, states:

“More motorists than ever before are utilising dash cams and in factual cases such as those of careless or dangerous driving they can help facilitate and expedite the proceedings considerably.

“Many fact-based cases hinge on the testimony of witnesses who may be unreliable or uncertain of exactly what they saw and their account may be open to challenge or be interpreted in numerous ways.

“Having actual footage of such incidents can make the court’s job much easier. Had the lorry in this case collided with the vehicle in front the assumption is that the lorry driver is at fault and he may have found himself facing charges himself, so in this present case the usefulness of the footage is obvious.”

Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. For specialist advice please call Neil on 020 3114 1145 or email him on neils@duncanlewis.com.

Neil has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretches across all road traffic law, but is most extensive in:

• Drink Driving (with breath, blood or urine samples);
• Drug Driving;
• Failing to provide a specimen for analysis whether this be breath, blood or urine;
• Being drunk in charge of a vehicle;
• Any type of road traffic case that involves a procedure conducted at hospital;
• Dangerous & Careless driving; and
• Cases involving a fatality.

Duncan Lewis Motor Law Solicitors

Recognised by the independent directory Chambers & Partners as a top tier criminal defence practice, Duncan Lewis’ Crime department has a wide selection of services with a highly skilled team of solicitors. Our services include Motoring Law, with particular expertise in drug and alcohol-related motoring offences. We can provide free and comprehensive legal advice on any motoring prosecution, regardless of the allegations.

It is crucial that you seek legal advice immediately, as an early opinion in your case can make a significant difference to the end result. Duncan Lewis Solicitors can be on hand to deal with whatever motoring law issue you may have.