Thursday 8 March 2012

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A 95-year-old Angus man with an unblemished record stretching back over 70 years has been disqualified from driving and fined £250 for colliding with a cyclist.

Alexander Middleton, of North Esk Road in Brechin, will now have to pass a driving test before he can go back on the road.

He was found guilty following a trial before Sheriff Kevin Veal of careless driving. It was his first offence.

Defence agent Robin Beattie had earlier pleaded with the sheriff to allow Middleton to keep his licence, saying he ''would be lost'' without it.

He said Middleton took his frail wife out regularly on errands, days out and for hospital appointments, and her quality of life would be directly affected.

He said: ''I do not see how one unfortunate incident could instantly make a very good lifelong driver suddenly not fit to drive. This incident could have happened to someone aged 95 or it might have happened to myself aged 25 and I wouldn't think you would consider taking my driving licence away.''

Middleton had denied driving without due care and attention around 2.30pm on September 25 on East High Street, Forfar, at its junction with Prior Road, whereby he collided with a bicycle being ridden by a woman, dragging her along the road, causing injury to her and damage to her vehicle.

Crown witnesses gave evidence of the cyclist being in front and Middleton cutting across her. However, Middleton took the stand and said his position was that the cyclist had struck his car.

He said: ''Something hit the side of my car. I didn't knock her in decline. She must have lost her balance and fell on to the road.''

Mr Beattie said: ''Your position is that she hit you?'' He replied: ''Oh definitely. I didn't hit her.''

Middleton said he got out of the car and went to aid the woman up but she complained of a sore arm.

He described himself as a safe driver and said he had never had any problems in more than 70 years on the road.

Mr Beattie said: ''Who was at fault that day?''

He replied: ''Well, it wasn't me.''

Depute fiscal Arlene Shaw said it was inevitably a straightforward case of careless driving.

She told the sheriff: ''Crown witnesses spoke of the cyclist being in front and the accused's vehicle coming around, thus causing a collision. No concerns were raised about the cyclist.''

Sheriff Veal, finding Middleton guilty, said he had no doubt he had caused the collision.

Following the verdict, Mr Beattie handed the sheriff a report from a driving instructor and from Middleton's GP which had no concern about his ability to drive.

Mr Beattie said Middleton regularly took his 90-year-old wife out during the week including driving her to weekly appointments at the Edzell Health Centre.

He argued that her quality of life would be affected if his client was to be stripped of his licence.

Mr Beattie added: ''I've spent a lot of time with Mr Middleton and his family in the past three months. Mr Middleton yesterday said to me that if he lost his driving licence he would be lost.''

Sheriff Veal fined him £250 and disqualified him from driving until he sits and passes a driving test.

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Trade News selected by Local Linkup on 08/03/2012

 

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