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Elgin chef banned from the roads after ‘poorly-judged’ motorbike move on A95

Nickolas Johnston pinned his foot between his motorcycle and the car, breaking it.

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

A former chef from Elgin has been banned from the roads after crashing his motorbike into a car.

Nickolas Johnston had been riding on the A95 near a blind summit on June 5 last year when the crash happened.

Fiscal depute Karen Poke told Elgin Sheriff Court said the car driver reported “significant damage” to her red Mini and described Johnston’s actions as “intentional”.

“At this time the weather conditions and visibility was good,” Ms Poke added.

“She saw the motorcycle disappear over the brow of the hill.

“The accused was found lying in the middle of the road.”

Crash was a ‘blur’

When police arrived on the scene, between Lilac Neuk and Hillockhead Wood, Johnston was allowed to seek medical attention for his injuries before being cautioned and charged.

He had pinned his foot, which was broken, between his black Voge R 125 and the other vehicle.

Johnston told police he had not intended to overtake “at that point” and performed a “lifesaver” – a move when a motorcycle rider checks their blind spot behind them before pulling out – prior to the collision.

The 37-year-old added it was a “blur what happened after that point”.

Ms Poke said when cautioned and charged by police: “The accused took full responsibility saying it was entirely his fault.”

16-month driving ban

Representing Johnston, defence agent Megan Lee said her client had made a “poorly-judged” decision.

“He has been very much wracked by returning thoughts of the collision,” she said, adding Johnston faced up to five years of physiotherapy treatments to deal with the pain of his injuries and has since left his job. He is now supporting himself on universal credit.

A previous driving conviction, from 2020, happened when Johnston was on furlough from work and “quite isolated”, the solicitor added.

Sheriff Phillip Mann banned the former cook from the roads for a minimum of 16 months and fined him £600, which he will pay back at a rate of £50 per month.

He will only be allowed to resume driving upon the completion of an extended driving test.