Loss of licence would cause ‘exceptional hardship’, court told

A young driver who caused an accident on the A83 near Erines Bridge in Tarbert by overtaking on a blind summit into the face of oncoming traffic has hung on to his driving licence.

Itallo Bonfim, 22, admitted driving without due care and attention and consideration for other road users following the incident on November 15, 2022. He already had six penalty points on his licence and was facing a ban under the totting up procedure.

The November 2023 sitting at Campbeltown Sheriff Court heard details of the case and Sheriff Euan Cameron then heard evidence last week of the exceptional financial hardship Bonfim’s mother, sister and brother would face if he lost his licence and his job as a courier.

Procurator fiscal depute Ewen Nicholson told the court a driver had to carry out an emergency stop while driving onto the nearside verge after Bonfim came out from behind an HGV to overtake as he reached the top of the summit.

He added: “The witness was approaching from the opposite side and headed directly towards the accused’s vehicle, which was now on the wrong side of the road.”

The vehicles collided, one being shoved back partially off the carriageway and colliding with a low stone wall, and the other turning through 90 degrees and coming to rest blocking the carriageway, the fiscal said. There were road signs warning of the blind summit, he added.

Defence agent John B McGeechan said that his client “had not judged the road”.

He added: “Otherwise he is a very responsible young man and the family breadwinner.”

The court heard from Bonfim, of Chuckethall Place in Livingston, that he was a major contributor to the family finances and that his mother, brother and sister depended on his wages.

Mr McGeechan added: “His mother’s income alone would not run the home, it just covers the mortgage and none of the other bills.”

The court was told Bonfim worked as a courier by day and ran his own mobile valeting service in his spare time.

His mother confirmed the family financial details under oath and his employer also attended the court to say that Bonfim would lose his job if disqualified.

Sheriff Cameron said he would not disqualify Bonfim after deciding the ban would cause “exceptional hardship”, adding: “There is clear and unequivocal evidence that it would be catastrophic for your mother and your siblings, however, this was a poor piece of driving on your part.”

The sheriff imposed six penalty points, the maximum under the totting-up procedure, and fined the young driver £640, plus £40 victim surcharge.