A motorist who lost consciousness in his car and drove head-on into another motorist, leaving him disabled, has been spared a jail sentence.
Mystery still surrounds why Stephen Hughes appeared to fall asleep at the wheel while driving near Carrbridge in the Highlands on October 3 2018.
Inverness Sheriff Court was told the 37-year-old’s Fiat 500 veered onto the opposite carriageway and struck a Mitsubishi Outlander, causing devastating injuries to the driver.
The case has taken more than five years to resolve in court because of medical examinations carried out by the defence.
At an earlier hearing, fiscal depute Robert Weir told the court: “If they had been successful, the Crown would have taken a different view.”
He said the accident happened at the A939 junction for Carrbridge on the A9 and Hughes’ Fiat 500 veered onto the opposite carriageway as if to take the junction but there were no brake lights applied.
Mr Weir continued: “A witness noticed him slumped forward at the wheel as if he was asleep.
“The other driver suffered a pinched nerve in his spine and can now only walk with crutches. He has been declared disabled, only works two days a week and requires a mobility car.”
‘He is never going to drive again’
Hughes’ lawyer, Stephen McQuillan told Sheriff Eilidh Macdonald that dashcam footage showed his client slumped over the wheel before driving into the path of the oncoming 4×4.
Mr McQuillan said: “He is deeply remorseful for this but it cannot match the impact it has had on the other driver.
“My client surrendered his driving licence because he couldn’t get an answer to what happened to him that day. He had not lost consciousness previously at any time.
“We have never got to the bottom of this. It was a sudden lapse of consciousness and has not been repeated. He is never going to drive again.”
Sheriff Macdonald ordered Hughes, of Stewart Avenue, Blantyre, to carry out 160 hours of unpaid community work and banned him from driving for 21 months after he previously admitted causing serious injury by dangerous driving.
She said it was an alternative to custody.
He must resit the extended test of competency before getting his licence back.
But the sheriff warned: “That is if you decide to drive again, but it would be unwise in your circumstances.
“This was a serious accident with serious consequences and it is difficult to assess your culpability as to why it occurred.”
