Angus 4×4 driver admits 'error of judgment' in overtaking truck on rainy road

© DC ThomsonForfar Sheriff Court.
Forfar Sheriff Court.

A driver who did a risky overtake on a busy Angus road in his 4×4 was caught out by a police patrol car he failed to spot behind him.

Michael Burke pulled out to pass a lorry in heavy rain on the A933 Friockheim to Colliston road during the afternoon of May 30.

The 61-year-old’s lawyer told Forfar Sheriff Court his client had carried on with the manoeuvre in an “error of judgment” after committing to it.

Burke, of Cedar Way, Friockheim was originally charged with dangerous driving but a plea to the lesser charge of careless driving was accepted by the Crown when he appeared before Sheriff Derek Reekie at Forfar.

Depute fiscal Bill Kermode said the accused was in a Land Rover Discovery Sport and the offence happened just before 3.30pm when heavy rain had led to a large amount of surface water and poor visibility.

The police patrol car saw Burke overtake the HGV on the approach to a left hand bend, and continue past it without a clear view of the road ahead.

Burke was able to pull in but police noted there had been other traffic travelling in the opposite direction just after the incident and they stopped the accused.

Defence solicitor Nick Markowski said: “He started the overtake and once he committed he found the vehicle was travelling slightly faster than he anticipated.

“He wasn’t going over the speed limit but he was going too fast for the conditions. It was an error of judgment and he accepts that.”

Burke was fined £300 and given six penalty points.

Sheriff Reekie told him: “I take the view this was at the upper end of careless driving.”

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