A 60-year-old cyclist was left with knee pain and a shoulder injury after being knocked off his bike by a driver who moments earlier had given him the finger, Glasgow Sheriff Court heard.

The Glasgow Times (link is external) reports Benjamin Lang was ultimately found guilty of careless driving, his second conviction of that nature, and fined £500 as well as receiving nine penalty points on his driving licence, meaning he is now
disqualified for six months.

The 31-year-old struck Alexander Graham as they moved off from a red light on a road between Kirkintilloch and Bishopbriggs, in East Dumbartonshire, on 7 April 2019.

Mr Graham told the court that he had been cut up by Lang driving a white car on the approach to the junction, causing him to have to regain his balance before moving back ahead of the stationary vehicle.

"The driver of the car who cut in front of me raised his middle finger towards me," the cyclist said in reply to a question from prosecutor Jessica McGowan.

"I gestured, shrugging my shoulders like what am I meant to do," Mr Graham continued, explaining he had been left "upset" by the gesture.

Then, as the lights changed and he attempted to move off, "I got hit on the side".

"I was knocked off my bike and hit on the right leg...it was over very quick, I was hit on the side of my leg," he recalled. "I have a problem with my knee which was brought to the fore. I was shocked, when cycling I have adrenaline running, I couldn't
believe what happened."

A witness said that the driver had accelerated away, overtaking another car in the process. Mr Graham was helped before being taken to a police station by a passer-by to report the incident. The cyclist denied a suggestion from Lindsay Gaughan, defending,
that he moved into her client's path.

"No...I didn't deliberately veer off into the car," he said.

Lang faced a charge of assault, as well as an alternative charge of dangerous driving, but was ultimately found guilty of the lesser charge of careless driving and fined by sheriff Joan Kerr.

Mr Graham told the court how the incident "brought to the fore" a previous "problem" with his knee and that he has needed physio treatment on that injury as well as one to his shoulder.

https://road.cc/content/news/driver-who-knocked-cyclist-fined-ps500-301649

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Glasgow must be a rough place, this is the second time in two days someone
has been in court for this sort of thing.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:

A 60-year-old cyclist was left with knee pain and a shoulder injury after being knocked off his bike by a driver who moments earlier had given him
the finger, Glasgow Sheriff Court heard.

The Glasgow Times (link is external) reports Benjamin Lang was ultimately found guilty of careless driving, his second conviction of that nature,
and fined £500 as well as receiving nine penalty points on his driving licence, meaning he is now disqualified for six months.

The 31-year-old struck Alexander Graham as they moved off from a red
light on a road between Kirkintilloch and Bishopbriggs, in East Dumbartonshire, on 7 April 2019.

Mr Graham told the court that he had been cut up by Lang driving a white
car on the approach to the junction, causing him to have to regain his balance before moving back ahead of the stationary vehicle.

"The driver of the car who cut in front of me raised his middle finger towards me," the cyclist said in reply to a question from prosecutor Jessica McGowan.

"I gestured, shrugging my shoulders like what am I meant to do," Mr
Graham continued, explaining he had been left "upset" by the gesture.

Then, as the lights changed and he attempted to move off, "I got hit on the side".

"I was knocked off my bike and hit on the right leg...it was over very
quick, I was hit on the side of my leg," he recalled. "I have a problem
with my knee which was brought to the fore. I was shocked, when cycling I have adrenaline running, I couldn't believe what happened."

A witness said that the driver had accelerated away, overtaking another
car in the process. Mr Graham was helped before being taken to a police station by a passer-by to report the incident. The cyclist denied a suggestion from Lindsay Gaughan, defending, that he moved into her client's path.

"No...I didn't deliberately veer off into the car," he said.

Lang faced a charge of assault, as well as an alternative charge of
dangerous driving, but was ultimately found guilty of the lesser charge
of careless driving and fined by sheriff Joan Kerr.

Mr Graham told the court how the incident "brought to the fore" a
previous "problem" with his knee and that he has needed physio treatment
on that injury as well as one to his shoulder.

https://road.cc/content/news/driver-who-knocked-cyclist-fined-ps500-301649

--
Spike

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SECOND conviction of careless driving and back behind the wheel after six months.
Disgraceful.

Console yourself with the realisation that his insurance premium has just rocketed out of sight.

--- SoupGate-Win32 v1.05
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swldx...@gmail.com <swldxer1958@gmail.com> wrote:

SECOND conviction of careless driving and back behind the wheel after six months.
Disgraceful.

Console yourself with the realisation that his insurance premium has just rocketed out of sight.

Well, it’s either a sky-high insurance premium, or get a bicycle.

That’s a slam dunk. Pony up for the cover.

--
Spike

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It doesn't sound to me as if the alleged obscene gesture should have been the crux of the assault charge, the fact that the driver drove into the cyclist and then "accelerated away, overtaking another car in the process" ought really to be enough to show
assault, or at the very least dangerous driving; unless there is some mitigation which has been overlooked in this report careless driving seems exceptionally lenient.

--- SoupGate-Win32 v1.05
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On 04/06/2023 04:23 am, swldx...@gmail.com wrote:

It doesn't sound to me as if the alleged obscene gesture should have been the crux of the assault charge, the fact that the driver drove into the cyclist and then "accelerated away, overtaking another car in the process" ought really to be enough to

show assault, or at the very least dangerous driving; unless there is some mitigation which has been overlooked in this report careless driving seems exceptionally lenient.

Have you communicated that learned legal view to your fellow LJs, M'Lud?

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copied this from the Glasgow Times comments underneath the article.

Ben lang
3rd June 8:33 am
User ID: 4653209
I was the accused in this case. Mr Gordon has left out many crucial points, facts and evidence out of this report which I would like to clarify.
I overtook Alexander Graham and was stopped at traffic lights, when Mr Graham caught up with me he filtered beside my car and screamed abuse at me and my girlfriend. He was unhappy with my overtake.
The prosecutions witness who was behind me during the overtake stated in her evidence that I made it past him and caused no problem.
It was when the lights changed and we began to move away that the incident occurred.
Alexander Graham stopped filtering at my car to prove a point, instead of filtering to the front of the queue of traffic. When we moved off I attempted to overtake Mr Graham, he moved away from the kerb in an effort to block me overtaking and slow me
down.
I continued driving and my wing mirror clipped his handlebars, he was still on his bike after contact was made.

I drove away at a normal speed, there was no way to overtake the car infront as there was oncoming traffic after the junction. Alexander Graham confirmed this in his evidence when cross examined.
I will admit my driving definetly could have been better that day and I accept the consequences of my actions. However, Alexander Grahams behaviour was unacceptable. He aggressively sought out a confrontation and placed himself in a position of danger in
order to prove a point.
The most crucial part of this case I would like to highlight is that Alexander Graham himself said that his injuries were from a previous accident and that this incident may have exacerbated them. He did not seek medical attention that day and the
stretches he was told to do by his physiotherapist were administered 6 months after the incident. He stated he has been able to work as a builder, a physically demanding job, with no problems since the incident.

The court removed the part of the charge relating to injuries because of this. A jury of 15 people found me guilty of careless driving. They had a choice of charges to choose from including; assault, dangerous driving and careless driving infront of them and they chose to find me guilty of the lesser charge after hearing the
evidence. I believe this outcome to be just and I accept the punishment wholeheartedly.
If I was to meet Alexander Graham again I would offer him an apology, I'm a cyclist myself who has had his fair share of dangerous episodes on the road.

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