The Sleepy Baronet

Kept Licence
Perth Sheriff Court and Justice of the Peace Court

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

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