Jamie McGuire knocked 48-year-old Margaret Davidson into the path of another car which had to swerve to avoid her.

However, the 24-year-old was prosecuted under summary procedure at Alloa Sheriff Court.

Mrs Davidson attempted to fix the fixed penalty ticket to the windscreen, but Mr McGuire drove off

Depute fiscal Ann Orr

If the case had been brought on indictment he could have been jailed for up to three years - or longer if the he was remitted to the High Court for sentence.

Sheriff William Reid told McGuire he had given "very serious thought" to imposing a prison sentence.

"However, a summary complaint of careless and reckless conduct carries a only a maximum of three months' imprisonment, which means in fact you'd only serve six weeks in prison.

"I don't think that would do you or the public any good," he said.

Instead he fined the unmarried labourer �1,250 and banned him from driving for two years.

Tax disc

McGuire, of Burns Street, High Valleyfield, Fife, had earlier admitted driving in a manner likely to endanger Mrs Davidson's life or cause her serious injury and driving without insurance.

Depute fiscal Ann Orr said the traffic warden had noticed McGuire's car was not displaying a tax disc in January while it was parked in Alloa.

He returned while she was writing out the ticket, then refused to accept it.

It was an act of gross stupidity on his part

Alastair Ross Defence solicitor

"She told him that if he didn't accept it, it would be affixed to his windscreen, but he again refused to take it," said Mrs Orr.

"Mrs Davidson then attempted to fix the fixed penalty ticket to the windscreen, but Mr McGuire drove off, causing the vehicle to strike her and knock her into the roadway into the path of an oncoming car.

"Fortunately the driver of the oncoming vehicle saw the whole incident and was able to swerve out of her path into the side of the road."

Mrs Davidson, who sprained her ankle in the incident, radioed for the police and McGuire was stopped in a nearby street.

Defence solicitor Alastair Ross said McGuire panicked because he knew he had no insurance.

The Crown has correctly exercised its discretion in deciding the appropriate level of prosecution having regard to all the circumstances

Crown Office spokesman

"It was an act of gross stupidity on his part. He accepts and regrets that," he said.

The Crown Office later said that the sheriff had made "no express criticism" of the decision to prosecute on summary proceedings.

"A decision to take solemn proceedings would have been based on the view that the maximum sentence on summary proceedings was inadequate," said a spokesman.

"He imposed a substantial fine, but could have imposed a sentence of imprisonment.

"He did not impose the maximum sentence available to him."

He added: "The Crown has correctly exercised its discretion in deciding the appropriate level of prosecution having regard to all the circumstances."