HGV Driver Not Guilty of Dangerous Driving
A European driver, represented by barrister Harry Bowyer, was caught by the DVSA with a device that when activated by a key fob would set his tachograph to rest whilst the vehicle was in motion. When activated the device had the unhappy side effect of interfering with the speedometer and possibly with the ABS and EBS systems.
The prosecution indicted the defendant with Causing False Data to be Recorded and Dangerous Driving. The defendant pleaded guilty to Causing False Data to be Recorded but Not Guilty to Dangerous Driving. This plea was not acceptable to the prosecution.
The Defendant was positive in his instructions that the lorry had only been driven in the UK on two occasions when loading and unloading and never at any speed on public highways. SBC notified the Crown that this was the defence that would be run and ensured that the court ordered that the vehicle unit downloads should be served with the papers. Having examined the tachograph data themselves, and finding the defendant’s version of events borne out, the prosecution caused the case to be relisted in order to offer no evidence. A not guilty verdict was entered to the count of Dangerous Driving. The defendant received a suspended sentence for the count to which he pleaded guilty.
Case DetailsCase Name: HGV Driver Not Guilty of Dangerous Driving
Case Date: April 2017
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