Moray fatal crash driver James Hilton who caused death of Dufftown pensioner Patrick Pirie wins legal bid to end nine-year driving ban

A MAN jailed for killing a pensioner in a head-on collision has won his legal bid to have a driving ban ended early.

James Hilton was a university student in 2015 when he overtook on a blind corner of the A920 between Dufftown and Huntly. Moments later his vehicle collided with a car being driven in the opposite direction by Patrick Pirie, a retired farmer from Dufftown, who was married and had four grown-up children.

When the case came to court in 2017, Hilton was jailed for four years and two months. A driving ban was also imposed until 2026.

Hilton, who lived near Aberdeen at the time of the crash, is now aged 32 and works in Edinburgh as a recruitment consultant.

He applied earlier this year to the High Court in Edinburgh for early restoration of his driving licence.

Lady Poole, the presiding judge, received a reference from Hilton’s employer. This spoke of his “strong work ethic” and stated that being barred from driving was impacting on his opportunities within the job.

Meanwhile Hilton told the court that his partner can’t drive due to an eye condition, and that having a licence would also help him see his family in the north of Scotland who do not live on public transport routes.

In a written judgement released today, Lady Poole stated: “He has no further convictions since the offence. He has completed the restorative justice programme in HM Prison Grampian, which has assisted him with better decision-making skills and a sense of responsibility.

“He has served his time in prison. He has undergone counselling to come to terms with the offence. He is remorseful for his actions.

“Within two weeks of being released from prison, he obtained employment opportunities although his family live in the north of Scotland

“The court was satisfied, having regard to the character of the petitioner, his conduct subsequent to the order, the nature of the offence, and all the circumstances of the case, that it was proper to remove the period of disqualification.”

Hilton, who had a previous £300 fine for speeding, was driving a Renault Twingo on the day of the collision, having visited his grandfather in hospital at Aberlour.

His car was travelling in a convoy with others immediately before the crash. He overtook at excessive speed while approaching a bend when it was unsafe and his vision was obscured.

Hilton ended up going into the opposing carriageway, straight into the path of Mr Pirie’s car.

A great-grandfather, the 81-year-old had been travelling home from a farmers' mart in nearby Huntly when the collision happened.

He died at Dr Gray’s Hospital in Elgin later that same day.

Judge Lord Woolman spoke of Mr Pirie’s family before imprisoning Hilton in 2017.

He said: "Your crime casts a terrible shadow over them. The harm caused by an offence that causes a person's death is immeasurable.

"My duty is to discourage others from such irresponsible conduct. I must also mark the gravity of what happened."

A woman who stopped after the crash saw that Hilton was injured. He asked if anyone else was involved. When she told him there were three cars, he started to cry.

In her judgement published today, Lady Poole wrote that Hilton still needs to pass an extended driving test.

She wrote: “The practical effect of the court’s order is that the petitioner may now apply for a provisional licence and then take the extended test of competency to drive.

“He remains disqualified from driving without proper supervision until he has passed that test.”