Legal Question

The answer to the question is no he is not a new driver. Section 1 Road Traffic (New Drivers) Act 1995 says:

'(2) For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—
(a) any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the [1988 c. 52.] Road Traffic Act 1988...'

...and this is not the first occasion.

Originally Posted by Cumfy

He was travelling back on a winters evening, he overtook a disabled driver with two passengers at a point where it was leaving the double white lines. 3 miles down the road he hit black ice and the car went into a field. No one else was involved and my brother was unhurt.

The disabled driver stopped at the scene and said"you young subaru drivers are all the same yack yack,..." His passengers, then got out and started abusing my brother also.

They called the police unbeknown to my brother who turned up and crashed there patrol vehicle at the same site.

The officers took statements and drove my brother home nd the disabled driver left the scene.

Later my brother was asked to come to the station to help with enquiries. It was there he was charged with DD, - til this point my brother had a clean licence and had done the advance drivers course with the police.

Case went to court and my brother had a terrible solicitor who bungled everything including the fact that all three witnesses to the overtaking on double whites gave different parts of the road for the offence to have occurred( the difference in distance between two statements was 4 miles!!)

The sherriff overseeing the case was not a local magistrate and so thought an exampl needed made of my brother. 18 month ban and a £500 fine and told he was lucky not to be serving two year jail sentence.

I think I'd have been looking for a different solicitor to explore the appeals proceedure had that happened to me.

Then I'd have gone looking for the disabled guy to make him suffer some more.

[Stu]

Really disappointed with the sanctimonious crap being dealt out on here

Thanks for the responses that answered the question. My brother checked it out with the DVLA today just in case and it confirmed he was no longer a new driver as Ed stated.

Lozzo, by the time it was all over - took 5 court appearances to get to the final unhappy result my brother had had enough and just wanted it over with. This unhappy episode really shook our families faith in the "innocent til proven guilty", but as mentioned he'd have had better defence if he'd been represented properly.

Stu and Hindel, appreciate the support, but sometimes thats just the way things happen.

Cheers