A former soldier struck a pedestrian as he looked down at his stuck gear stick to force it from first gear.
David McIntosh’s victim was trying to stop the 22-year-old to remonstrate with him for speeding in a street full of playing children.
Fiscal depute Christine Allan told Kirkcaldy Sheriff Court Bronwyn English was spun round by the force of McIntosh’s car as she tried to stop him in the town’s Leslie Street.
Children in street
The prosecutor said: “At the time the witnesses were in the street and children were playing.
“The accused entered the road in his vehicle, which the witnesses believed was at excessive speed, due to the children playing and vehicles parked on the narrow road.
“The accused parked at the far end, where his mother resides.
“A short while later witnesses heard the vehicle start up and witness English went out to stop the accused and ask him to slow down in future.
“The accused has driven straight towards Ms English.
“She saw the accused look up and thought he would have seen her.
“He also slowed down slightly so witnesses thought he would stop.
“The accused continued to drive towards Ms English and at the last second swerved to avoid her.
“However the tyre and wing mirror collided with her left side.
“This caused her to spin and her flip flop came off her left foot.
“The accused continued to drive down the road.”
Apology after Kirkcaldy incident
McIntosh’s mother was alerted to the incident and later went to Ms English to apologise, saying he “did not realise he had struck her”.
He also told her he was struggling to get the car into second gear and had “not been looking at the road”.
He repeated this claim when charged by police, stating: “I saw children in the street.
“They cleared off and I looked down as I was stuck in first gear.
“I looked up and a woman I believe was Bronwyn was in the road.
“I swerved, narrowly avoiding a car.
“I looked back and saw her standing so thought everything was fine.
“My mum called me later and told me so I went to provide my details and apologise.”
Former soldier knew police would be called
Solicitor James McMackin urged a sheriff to stop short of banning McIntosh, saying he had not deliberately driven at Ms English.
He said: “He’s currently unemployed but was previously a self-employed rough caster.
“He’s applied for a job but that requires a clean licence.
“He served in the British Army in the Royal Regiment of Scotland for four years.
“He accepts he drove without the necessary care and attention.
“His position is as he indicated to the police – he was trying to get the car out of first gear and looked down to see what was happening.
“He did not realise he had struck her – he looked behind him and all seemed well, so he carried on.
“He apologised and gave his details in the full knowledge it would be passed to the police.”
McIntosh, of Lismore Avenue, Kirkcaldy, admitted driving carelessly on Leslie Street on May 4 last year.
Sheriff Charles Lugton handed McIntosh, who had a clean driving licence, five penalty points and fined him £450.
For the latest court cases across Tayside and Fife, join our Courts Facebook page.
