The Sleepy Baronet

This case attracted some press attention, presumably because our client is a Baronet: https://www.thetimes.co.uk/article/sleepy-baronet-caused-pile-up-after-hitting-lorry-ntdgdv9bf

The Crown often adopt a default position of prosecuting drivers who fall asleep whilst driving with dangerous driving rather than the lesser offence of careless driving. Lawyers rely on case law when presenting submissions to the court and there is a Scottish case which specifically deals with the issue of falling asleep at wheel however this authority is often misinterpreted. On a simplistic reading, the case does offer support for the contention that it is dangerous driving to fall asleep at the wheel, save for exceptional circumstances.

We wrote an article about this back in 2017 ( https://www.theroadtrafficlawyer.com/blog/falling-asleep-whilst-driving-dangerous-or-careless) which may give a bit of an insight in relation to the nuances in this area.

As the press report confirms, the case concluded in December 2021 at Perth Sheriff Court and our client merely received a penalty point endorsement, rather than the obligatory 12 month (minimum) disqualification which was on the cards prior to our instruction in the matter.

 Kept Licence!

Published: 08/12/2021

Need help with a similar case?

Contact Us

See also

Dangerous Driving By Overtaking At 115mph On The A75

Our client was facing a minimum disqualification of 1 year along with an order to resit an extended driving test. We managed to persuade the Procurator Fiscal that the standard of driving was careless as opposed to dangerous (depsite being clocked at 115mph in a 60mph limit and overtaking vehicles in contravention of solid white lines). Our client was disqualified for only 6 months and a relatively modest fine of £450 was imposed....