GERALD NIVEN v. PROCURATOR FISCAL, DUNDEE

This is an appeal by stated case by Gerald Niven who was convicted on 17 February 1998 at the Sheriff Court in Dundee of an offence under Section 2 of the Road Traffic Act 1988. He was also fined and disqualified.

The general situation can be described fairly briefly. The rear window of the car and both side windows on both sides of the car had been covered by a very dark adhesive film applied to them. The covering on the window on the driver's door extended only half of the way, leaving the top four or five inches clear. The near side mirror was missing and the off side mirror was badly broken.

It is recorded that the accused said that he could see out and it was not unsafe and that he "would wind down the window if he wanted to see out". It was pointed out that the driver's window has a manual control and there was no evidence of electric operation of the far or near side window.

The submission was that the sheriff had not been justified in inferring that the windows had been in their raised or closed position but it appears to us that there was ample basis for that conclusion, considering the conditions at the time and the comment made by the accused as to what he would have done if he wanted to see out. The matter becomes one of general impression. We are entirely satisfied that on the basis of the condition that this car was in, finding 10 was entirely justified. The sheriff was entitled to convict. The appeal is refused.