Scary driver near miss and more weak sentencing

It's ridiculous that if there is video available, it's not guaranteed that the judge will get to see it if there's a guilty plea. In this case it demolishes the argument that it was a panic move rather than a deliberate undertake.

No insurance/tax etc should be aggravating factors in sentencing too.

There should be no barriers to the CPS being able to attempt to prosecute for Dangerous Driving in such cases, with an option for this to be downgraded to careless in court if it isn't proven. If this isn't driving that 'falls far below the minimum standard expected of a competent and careful driver', I don't know what is, regardless of whether actual injury/death is caused.

I would have thought taking the vehicle and crushing it would have been a good move here given it was being driven with no mot, tax or insurance. Otherwise I’d bet the driver will be out using it again regardless of his 12 month ban.

"The 25-year-old also claimed that he had wanted to stop and apologise to the cyclist for the dangerous pass, but chose to carry on instead."

Then he didn't really want to did he?  He wouldn't know the truth if it drove over him in an untaxed 4x4.

In court, Turner, who has recently moved to Devon after joining the British Army, claimed that he had “panicked” by mounting the verge, arguing that he did so because he did not want to collide with the vehicle in front of him.

That isn't someone in a 'Panic' from the footage he's undertaking at least two cars and accelerating on the verge to get ahead, that is a very impatient nutter, unfamiliar with the concept of using brakes...

Still I'm sure the Army will make good use of his Bravery over Brains type 'skillset', I expect his new nickname is along the lines of "After you Turner" or just "Colin" (for the late Mr McRae)...

That's genuinely terrifying! If he was driving without insurance etc anyway, you can almost guarantee he'll drive without a licence too.

Real shame he didn't time it a bit worse and disappear sideways off the bank. What an utter ****.

It’s ridiculous that if there is video available, it’s not guaranteed that the judge will get to see it if there’s a guilty plea. In this case it demolishes the argument that it was a panic move rather than a deliberate undertake.

Its very unlikely the Sheriff saw the video.  I'd say it's probably 50/50 at best that the Prosecutor who was in court on the day of the guilty plea had even seen the video.

There should be no barriers to the CPS being able to attempt to prosecute for Dangerous Driving in such cases, with an option for this to be downgraded to careless in court if it isn’t proven. If this isn’t driving that ‘falls far below the minimum standard expected of a competent and careful driver’, I don’t know what is, regardless of whether actual injury/death is caused.

1. This was in Scotland so nothing to do with CPS
2. It was prosecuted as Dangerous Driving
3. He pleaded guilty to Dangerous Driving
4. Nobody, not even the defence lawyer, has argued this was not dangerous driving

By pleading guilty in Scotland he is able to expect a reduction to his sentence, for both fine and disqualification.  [You might not like that but without it the courts would grind to a halt, every witness for every crime would have to give evidence and potentially more guilty people would walk free as innevitable the crown would screw up some prosecutions].  Not sure what stage of the plea was but I suspect it was early enough that he got 1/3rd off - which would mean the sentence after trial would have been 18 month ban, £500 fine, Extended retest.  His age means that the emphasis of a sentence should lie towards rehabilitation rather than punishment.  I guess some people think it should have been a custodial sentence, but what would that achieve?  Scotland doesn't have suspended sentences so he would have gone to a prison at your expense.  There's a presumption against sentences of <1yr in Scotland because they don't achieve much.  He may well be facing military punishment now, but had he been jailed he'd have been turfed out the army.  So unemployed, ex convict, no driving license, those are the sort of people who end up doing nothing useful with their life, potentially jumping between benefits and crime forever.  And why?  to send a message to others that you should be careful when driving...   ...but nobody expect to be the one who gets caught (and with fewer traffic cops they are probably right)... I don't have the solution but I'm cyncial that treating him more harshly would stop him or the next idiot.

My guess is the driver's explanation actually translates to "I was bombing along the road not paying attention (my guess would be on his phone) and suddenly realised there was a queue of much slower traffic in front", remarkable that he's pulled off that manouvre without hitting anyone or anything.  Dangerous 100%.  Stupid 100%.   Learned from his mistake - maybe.