Motorist who told police he thought faulty brakes led to crash found guilty of causing collision

A motorist who claimed faulty brakes caused him to smash into the back of another vehicle has been banned from the roads - without setting foot in court to hear the case against him.
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Neil McKellar, 45, failed to appear before magistrates in South Tyneside on a charge of driving without due care and attention.

It was alleged he ran his 56-plate Renault Megane into a fellow motorist on a main thoroughfare on the Team Valley trading estate in Gateshead on Monday, July 29.

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The case was proved in his absence at a hearing at South Tyneside Magistrates’ Court on February 2, and adjourned so he could attend a later hearing.

South Tyneside Law Courts.South Tyneside Law Courts.
South Tyneside Law Courts.

But he also missed that appointment - and magistrates said they were satisfied all attempts had been made to notify McKellar.

They insisted on pushing ahead with sentence so as not to waste court time – and banned him from driving for six months under the totting up process.

Prosecutor Lesley Burgess said: “There was a witness who was driving his red Ford Focus on Kingsway North, on Team Valley.

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“He was in stationary traffic when he looked in his rear view mirror and saw a dark coloured Renault Megane being driven towards him at speed.

“The witness said he didn’t believe that the other was braking because it has driven straight into the back of him.

“Members of the public came to help, and the police spoke to Mr McKellar and he said that he thought that his brakes may have been faulty.

“A physical examination takes place of his vehicle which shows that the brakes were not a contributing factor to the collision.

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“He was interviewed, and reported for driving without due care and attention. The court found the case proven. He was not in attendance and is not here today.”

The court heard McKellar already had nine points on his licence for previous motoring offences, including six points imposed in February last year for driving without insurance.

Magistrates were obliged to give him at least six points for his latest offence.

McKellar, of Gladstone Street, Fencehouses, was also fined £440 and must pay £85 court costs and a £44 victim surcharge.