Tired driver who caused serious Aberdeenshire crash avoids jail
BBCA tired driver who left a man badly injured in a crash on an Aberdeenshire road has avoided jail.
Ghulam Butt, 24, admitted causing serious injury by driving dangerously while fatigued at excessive speed.
His delivery van collided with a car driven by 62-year-old Fraser Tavendale on the B9002 Insch to Kennethmont road in November 2021.
At Aberdeen Sheriff Court, the first offender was told to carry out unpaid work as an alternative to custody.
Butt, of Aberdeen, was also fined £1,275 and disqualified from driving for 27 months.
David Ballok, prosecuting, said there had been fuel contamination on the road at the time.
He said dashcam footage of Butt's morning journey, after a night out, showed him yawning and rubbing his eyes, and it appeared he was struggling to stay awake.
Butt had been driving at 61mph on a bend, when the limit was 50mph for a van, and crossed into the opposing lane and collided with the car.
Both vehicles went down an embankment.
Mr Tavendale was flown to hospital with life-threatening injuries.
His mobility remains impacted as a result of how badly he was hurt.
'Devastating impact'
Defence counsel Tony Graham KC said two factors were fatigue and speed, but that dashcam footage did not at any stage show Butt falling sleep.
He said contamination on the road was not something Butt had taken into account.
Mr Graham said Butt acknowledged the "devastating" impact the accident had on Mr Tavendale's life, and it was something which "troubles" him.
Mr Graham suggested there was an alternative to custody in all the circumstances of the case.
Sheriff Philip Mann said there was no doubt the offence crossed the custodial threshold, and he had to acknowledge the very serious injuries involved.
However, he said he was able to take account of the number of issues raised about the case, including Butt's age and a favourable background report.
He ordered Butt to carry out 180 hours of unpaid work as a direct alternative to custody, as well as fining and disqualifying him.
He will have to sit an extended test after his driving ban.