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Dunning man cleared of dangerous driving but banned from the road for doing 103mph on A9

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A young man who tore down the A9 at more than 100mph has been banned from the road.

Electrician Jamie Malone was spotted by police as he sped past them in his powerful Subaru Impreza in what was described as “thick fog”.

The 25-year-old appeared for trial at Perth Sheriff Court on Monday, where he disputed the Crown’s claim that his driving had been dangerous.

He accepted having deliberately exceeded the speed limit, having seen a clear road ahead of him as he approached a mile-long straight, known as Windyedge, just to the south of Perth. However, he denied the suggestion that visibility had been poor and claimed he had been unaware of any fog.

After hearing evidence from the accused, Constable John Learmonth and Special Constable Zoe Workman, Sheriff Lindsay Foulis acquitted Malone of dangerous driving but found him guilty of the speeding charge.

“It was dark and there was low-lying fog on the carriageway that reduced visibility to under half a mile,” Constable Learmonth told the court. “When we stopped the driver I charged him with speeding at 103mph and then with dangerous driving, due to the fog.

“Given that section of road, with a number of junctions and breaks in the central reservation, I believed travelling at 103mph was unwise and, with reduced visibility on top of that, I believed it was dangerous.”

Giving evidence in his own defence, Malone told the court he had been travelling from his home in Dunning to visit friends in Perth when he was stopped by the officers. He admitted he knew he had been speeding but said he’d been surprised by the 103mph reading shown to him.

“When the police stopped me I told them that I had possibly been travelling at 90mph and that I knew it was wrong,” he said. “He (Constable Learmonth) told me it was 103mph.”

Malone said he had increased his speed on seeing a long stretch of clear carriageway in front of him as he drove along the deserted road shortly before 10pm.

“I’ve really no excuse for driving so fast,” he added. “There were no other vehicles on my side of the road and I was maybe lulled into a false sense of security.”

Malone’s solicitor David Holmes suggested to the court that the officers may have exaggerated slightly when they described the fog as “thick”.

His client said: “The first time I was aware of fog was when I was stopped at Broxden, where I could see a haze around the street lights. I drove for nine miles and at no point on the carriageway was I aware of fog. I had my headlights on and the visibility was clear.”

Sheriff Foulis said there was no dispute that Malone had been travelling at 103mph at the point when his speed was recorded by officers. He added, however: “I am satisfied that on the night in question driving conditions were not perfect and that there was reduced visibility.

“If visibility was at around half a mile, however, then I don’t think it is quite as bad as the officers described.”

He found Malone, of Ochil Gardens, Dunning, guilty of a charge that on February 19, on the A9 Stirling to Perth road at Windyedge, he drove a car at excess speed (103mph).

The accused was acquitted of a second charge that had alleged he drove dangerously and at 103mph when visibility was reduced by fog.

Sheriff Foulis banned Malone from driving for three months and fined him £500.