“Micro Sleep” Defence in Fatal Crash Trial - Hayley Betteridge, Associate Partner, Plexus Law
14/04/14. R v Soutar, Newcastle Crown Court. Charge: Causing Death by Dangerous Driving. On 12th November 2012 at 07.37 on A1 near Felton, Newcastle, Mr Soutar was driving a white BMW when his car crossed from the southbound into the northbound carriageway colliding with a small Volkswagen Caddy van. The driver of the van was fatally injured and his passenger suffered injuries.
The Crown alleged that Mr Soutar had been distracted for a significant period of time, allowing his car to drift from his lane into oncoming traffic. They relied upon an independent witness who had been travelling in the opposite direction. That witness stated Mr Soutar had overtaken five cars, pulled back into his carriageway and then drifted onto the opposing carriageway within 1-2 seconds. The Crown also alleged that two witnesses had noted a white BMW driving erratically and too close to other vehicles earlier in that morning.
Defence
Mr Soutar had no recollection of the accident. He did not dispute that his vehicle crossed into the opposing lane of traffic. The Defence submitted that Mr Soutar was...
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