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Aberdeenshire carer escapes driving ban because it would ‘disrupt’ her elderly clients

The case called at Elgin Sheriff Court
The case called at Elgin Sheriff Court

An Aberdeenshire carer has escaped a driving ban after pleading guilty to causing injury by careless driving – because losing her licence would be disruptive to her work and clients.

Dianne Moggach, 53, of Mill Street in Macduff, admitted colliding with another car after exiting a junction from a filling station onto the A98 Fochabers to Cullen Road, on October 21 last year.

Fiscal depute Alex Swain told Elgin Sheriff Court yesterday that the driver of the other vehicle needed hospital treatment for back pains and was signed off work for a month.

The passenger in the other car also sustained a couple of bumps and a chipped front tooth.

Sheriff Gary Aitken said: “Everyone is very lucky that this was not significantly worse.”

Video footage of the incident was shown in court yesterday.

Moggach’s defence solicitor Debbie Wilson said her client had hesitated when edging out of the junction.

Mrs Wilson told the court a driving licence is “essential” for Moggach’s work, which involves caring for elderly people.

Sheriff Aitken added: “Driving of this kind would often attract a period of disqualification, however, she has a currently clean licence which is clearly essential to her job, which is one consideration.

“Another consideration is the disruption for her clients if someone else has to take over at short notice at this time of year.”

He added: “I will, with some hesitation, refrain from disqualifying you and that is more to do with the impact it will have on others than any inconvenience to yourself.”

He fined Moggach £400 and issued her licence with nine penalty points.