A motorist who overtook a police officer on a bend tried to claim he had been “brake tested”.
Douglas Fisher did not know the driver of the other vehicle was an off-duty police officer in Fife’s road policing unit.
PC Paul McPherson caught the incident on his dash cam and reported it the following day.
When interviewed by other officers, Fisher tried to place the blame on the Mr McPherson, saying he had been “brake testing” him – deliberately erratically applying the brakes to cause a crash or frighten the following driver.
Caught on dash cam
Fiscal depute Andrew Brown told Kirkcaldy Sheriff Court the incident happened late at night.
“At around 11pm on August 29 2022 Mr MacPherson, an off-duty police officer, was driving his vehicle southbound on the B922 road.
“Close to the junction with Strathore Road he was overtaken on the right-hand bend, where double solid white lines were present.
“The vehicle crossed the double solid white lines at a time when it was dark and visibility was restricted due to vegetation at the side of the road.
“The incident was captured in its entirety by Mr McPherson’s dash cam and police were advised on August 30.
“A police national computer check of the vehicle disclosed it was registered to the accused.”
When spoken to by officers, Fisher told them he had just finished work.
Mr Brian continued: “He was cautioned.
“He replied ‘On that corner, you are breaking down to quite a low speed but what I would see is the other car was brake testing me on that bend and that’s why I had to pull out there’.”
Car going ‘ridiculously slowly’
Fisher, of Chapel Street, Cowdenbeath, admitted driving carelessly on the B922 Cluny Road on August 29 last year by overtaking on a bend with double solid white lines.
Solicitor David Cranston, defending, said Fisher accepted he should not have overtaken at that point but maintained that he had a clear view of the road ahead.
“He tells me the car in front has been going ridiculously slowly for the conditions and braked when he was not expecting it.
“He felt he (Mr McPherson) was giving way to him and overtook him.
“He tells me you can see other lights coming towards the corner.
“You can’t see the corner but you can see the straight beyond it.
“He accepts he should not have overtaken at that point.”
Job at risk
Mr Cranston said he was not suggesting the officer was responsible for any wrongdoing.
He urged Sheriff Alison McKay to allow Fisher to keep his licence to avoid the possibility of him losing his job as a curtain and blind fitter in Edinburgh.
However, Sheriff McKay blasted Fisher for his driving.
She said: “There’s double white lines there for a reason.
“You ignored them and you did so when you had nine points on your licence.”
She imposed six points on Fisher’s licence, resulting in a six-month ban under the “totting-up” procedure.
She also fined him £640.
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