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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10096
Experience:  30 years as a practising solicitor.
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My sons car jerked to the right while he was driving on a

Customer Question

My sons car jerked to the right while he was driving on a straight road and being a new driver, he lost control of the car. I am looking for possible explanations to how a car suddenly jerks to the right to defend him in a criminal appeal.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I also wondered whether you had any tips on writing the appeal as we are appealing that no reasonable jury could have held the case proved beyond reasonable doubt. The car was driving in a straight line, no speeding, phone out of charge, on his own - actually no circumstances that could have led to the crash. The only evidence the crown had was a mechanic saying it was not a mechanical fault that caused it.
Expert:  jomo1972 replied 1 year ago.
Why is this before a criminal court?
Customer: replied 1 year ago.
The PF convicted him of causing serious injury by dangerous driving. He lost control of the car and went head on into another car, both drivers had serious injuries.
Expert:  jomo1972 replied 1 year ago.
Are you in Scotland?
Customer: replied 1 year ago.
Yes
Expert:  JGM replied 1 year ago.
I am a solicitor in Scotland.
When was the jury's verdict given?
What is your son's explanation for the car jerking to the right?
Customer: replied 1 year ago.
The sentence was April but the jury verdict was in March. We have already put in an intention to appeal - the full appeal needs to be at the high court by beginning of July. He told the police that he was driving along when his car jerked to the right and the steering wheel turned all the way round. He lost control of the car and it span and went head on to another car.The solicitor appointed by the insurance company was terrible and didn't help his case at all.It was evident that the judge did not want that verdict as he didn't look at the jury, just said "well youve made A decision". He also didn't thank them which Ive been told is not normal.Do you know if the sentencing Judge gets a say in the appeal?
Expert:  JGM replied 1 year ago.
Yes, the sentencing judge has to write a report for the High Court.
The law on this is section 113 of the Criminal Procedure (Scotland) Act 1995 which you should look up and read online.
The jury has clearly made an inference that in the absence of any other explanation, the fault must lie with the driver, especially where a mechanic said there was nothing wrong with the car. However, if there is no direct evidence of erratic driving or high speed driving then your appeal will presumably concentrate on a lack of evidence as to the culpability of your son.
If those are the grounds for appeal (you don't say what the intended grounds are as stated to the Hogh Court) then the appeal should pass the sifting judge for a full hearing.
Customer: replied 1 year ago.
Thank you. Yes the grounds of appeal are lack of evidence to what caused the crash but also that the officer who wrote the report spoke about fog, went into detail about what the Highway Code says about fog. The officer at the scene who was on the stand before him said the sky was clear at the time. The one who wrote the report on oath said he didn't think it was relevant to ask the officer about the weather conditions at the time. And the report was totally one sided, listing the other drivers injuries and saying my son had minor injuries when he had a broken back. Also he suggested 3 times to the jury that my son could have fell asleep - totally misleading the jury. Do you think that's grounds?
Expert:  JGM replied 1 year ago.
In other words there was a lack of relevant evidence but also that the other evidence was a mess.
Yes I do think you have grounds for appeal.