Ban for driver who fell asleep at the wheel

A self-employed musician who fell asleep at the wheel of his car causing a crash on the A68 has been banned from the road for 12 months at Selkirk Sheriff Court.
Stuart Black fell asleep at the wheeel, which caused his vehicle to crash into another at the A68 near Charlesfield, south of St Boswells.Stuart Black fell asleep at the wheeel, which caused his vehicle to crash into another at the A68 near Charlesfield, south of St Boswells.
Stuart Black fell asleep at the wheeel, which caused his vehicle to crash into another at the A68 near Charlesfield, south of St Boswells.

Stuart Black, 32, of Denholm, was unaware he was suffering from sleep apnea at the time of the offence on October 16, 2018.

He pleaded guilty to a dangerous driving charge by falling asleep or otherwise losing control of his vehicle and colliding with an oncoming vehicle resulting in injury to himself and the other driver, and both vehicles were damaged on the A68 between St Boswells and Jedburgh.

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A not guilty plea to another charge of dangerous driving on the A68 between Pathhead and Lauder on February 9, 2018, was accepted by the crown.

Fiona Hamilton, prosecuting, said witnesses were travelling south on the A68 through St Boswells at around 3pm.

She explained that a white car coming in the opposite direction crossed the central lane at the Charlesfield junction and collided with a vehicle.

Ms Hamilton said: “Both vehicles spun 180 degrees and were facing in the opposite direction to which they were travelling. Another car following behind managed to take evasive action.”

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The drivers were taken to Borders General Hospital suffering from shock and bruises.

One witness said that there appeared to be no attempt by the driver to correct the manouevre once it crossed into the other lane.

Defence lawyer Mat Patrick said: “There is no doubt he was suffering from sleep apnea at the time. But he had not had the diagnosis at that stage when he got tested for sleep apnea.”

Mr Patrick said his client had taken immediate steps to address the issue and had lost four stones in weight, and his consultant now feels he would be fit to drive.

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The lawyer said that prior to the offence Black had been suffering symptoms of sleep apnea and should have done more to check it out.

But he added: “He had no suspicion of anything wrong until the incident and there was the diagnosis.”

Sheriff Peter Paterson said it was an unusual case where it was not the quality of the driver at issue, but rather the circumstances leading up to it.

However, he felt Black had “ignored the symptoms” and for that reason he would impose a higher disqualification period.

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He banned Black for 14 months, but took into account the guilty plea and reduced the disqualification period to 12 months and ordered that he resit the extended test.

In addition, Black of Denholm Mains, was fined £300.