Road Traffic Act Prosecution Case Study by Hannah Fairbrother, Solicitor
Lessons from Defending a Unique Case
Introduction
In my legal career, one standout case involved a client from Forfar Sheriff Court charged with driving offences—drug driving, driving without insurance, and driving without L plates—under unusual circumstances. He was pulling a piano on a flatbed trolley with the engine of a child’s quad bike, aiming to raise money for charity. The police and prosecution deemed this setup a motor vehicle within the terms of the Road Traffic Act 1988. .
The Case’s Challenges
Faced with limited legal guidance, I had to research extensively. Similar cases with e-scooters and golf carts didn’t quite match our situation. My client was adamant about not accepting an attractive plea deal offered by the Crown, believing his actions were charitable and not criminal. This put us on the path to trial. The facts of the situation were not in dispute but rather the application of the legislation and case law to what had occurred.
Reflections and Lessons Learned
Ultimately, although the trial didn’t result in a complete win, it was a profound learning experience. Here’s what I took away:
- Thorough Preparation is Crucial: Rigorous legal research is essential, especially in cases with little to no precedent.
- Understand Client Motivations: Knowing the emotional and personal stakes for clients is a key part of navigating clients through the complexities of a court case and the legal system.
- Evaluate the Bigger Picture: Each case, no matter how bizarre, requires considering all legal angles and the broader context.
This case taught me not to shy away from complex or unconventional cases and to apply a meticulous, well-rounded approach to all my legal work.
