A man jailed for killing an Aberdeenshire pensioner in a head-on collision has won a legal bid to have his driving ban ended early.
James Hilton, 32, was driving on the wrong side of the road at a bend on the A920 Dufftown to Huntly road in 2015.
The High Court in Edinburgh heard in 2017 how moments later the then-university student’s vehicle collided with a car being driven by retired 81-year-old farmer Patrick Pirie.
Judge Lord Woolman gave Hilton a four-year and two-month prison sentence for the offence. He also banned Hilton from driving for nine years.
Earlier this year, Hilton, who lived in Bridge of Don at the time of the crash, returned to the High Court of Justiciary to ask judge Lady Poole for early restoration of his driving licence.
Judge swayed by Hilton’s employer’s reference
She was supplied with a reference from his current employer which Lady Poole said spoke “very highly” of Hilton.
She said the reference mentioned his “strong work ethic” and his “proven track record of success”.
She was also told that the reference stated that Hilton’s lack of a driving licence impacts his opportunities within his recruitment job.
The court was told that Hilton’s employers wanted him to get his licence back so he could make “further contributions” to the business.
Hilton needs licence to visit family in north and care for partner
Hilton, who is now based in Edinburgh, also told the court that a licence would help him see his family in the north of Scotland who do not live on public transport routes.
It would also help him to care for his partner who is unable to drive due to an eye condition.
In a written judgement issued by Lady Poole on Friday, the court ended the ban early allowing him to apply for a provisional licence.
However, the court did not grant his request to restore his driving licence.
Prison left ‘remoseful’ Hilton with ‘better decision-making skills and sense of responsibility’
Lady Poole wrote about Hilton’s bid to rehabilitate himself.
She commented: “Looking first at the petitioner’s character and conduct, he is 32 years old.
“He has only two previous convictions, one for the index offence, and a prior offence of speeding dealt with by financial penalty.
“He has no further convictions since the offence. He has completed the restorative justice programme in HM Prison Grampian, which has assisted him with better decision-making skills and a sense of responsibility.
“He has served his time in prison. He has undergone counselling to come to terms with the offence. He is remorseful for his actions.
“Within two weeks of being released from prison, he obtained employment opportunities although his family live in the north of Scotland.
“The court was satisfied, having regard to the character of the petitioner, his conduct subsequent to the order, the nature of the offence, and all the circumstances of the case, that it was proper to remove the period of disqualification with effect from August 20 2024, the date it granted the application.
“The court removed the remaining period of the nine-year disqualification from driving imposed upon the petitioner by the High Court on May 19 2017.”
Hilton’s crime cast ‘terrible shadow’ over victim’s four grown children
During proceedings in 2017, Lord Woolman said that immediately before the crash Hilton’s car had been travelling in a convoy with others.
He said that the risk of a catastrophic accident was “obvious” and added that Mr Pirie had “no chance of avoiding the collision.”
He added: “This is a tragic case for everyone involved. Mr Pirie was a retired farmer aged 81.
“He was married with four grown children. Your crime casts a terrible shadow over them. The harm caused by an offence that causes a person’s death is immeasurable.”
Hilton’s excessive speed and unsafe overtake led to tragic death
He drove at excessive speed, overtook approaching a bend when it was not safe to do so and his vision was obscured, went into the opposing carriageway and drove into the path of Mr Pirie’s car.
The pensioner died of his injuries a short time later at Dr Gray’s Hospital in Elgin.
The court heard that Hilton, who had a previous conviction for speeding resulting in a fine of £300, was working part-time as a waiter while pursuing his university studies.
He was driving a Renault Twingo and had visited his grandfather in hospital in Aberlour before colliding with Mr Pirie’s Fiesta.
Hilton must pass extended driving test to get back on the road
One witness saw the vehicles collide head-on with a cloud of dust as the Fiesta was raised in the air.
A woman who stopped after the crash saw that Hilton was injured and he asked her if anyone else was involved. She told him there were three cars and he started to cry.
In the judgement published on Friday, Lady Poole wrote that Hilton still needs to pass an extended driving test before he can go back on the roads.
She wrote: “The practical effect of the court’s order is that the petitioner may now apply for a provisional licence and then take the extended test of competency to drive.
“He remains disqualified from driving without proper supervision until he has passed that test.”
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