A DRIVER who sparked a police chase when he overtook a line of traffic on a blind summit – forcing another motorist to swerve to avoid a crash – has dodged jail.

James Kelly, 45, returned to court after admitting a charge of dangerous driving on Rigg Road in Cumnock and along the B743 towards Muirkirk on July 10 last year.

Ayr Sheriff Court heard Kelly had been spotted using his mobile phone at the wheel with the judge warning Kelly he may face custody adding: “It should not be lost on you how serious this is.”

When Kelly, of Gordon Street, Catrine, returned to court last week, defence solicitor Neil McPherson said: “All I can do is implore not to take the course felt.

“I have no idea why this man behaved in the way he did. It’s fortunate not to have resulted in serious consequences.”

Sheriff Mhairi MacTaggart: “Mr Kelly, you know what I said last time. I’m not going to impose a custodial sentence by a narrow margin. You are going to lose your license for a long time and will have to sit an extended test.”

Kelly was placed under supervision for two years on a community payback order and given 180 hours of unpaid work.

He was disqualified for 54 months.

The procurator fiscal depute said: “At 5pm police officers were on mobile patrol driving south. They observed a white BMW.

“They observed the accused overtake a line of traffic at speed approaching a blind summit.

“Police put on their emergency lights and pursued the accused, who failed to stop.

“They observed him overtake another road user at a corner, causing a motor vehicle to swerve to avoid contact.

“They requested assistance from colleagues at the time the vehicle was lost.

“Traffic officers observed the accused travelling at speed while in possession of a mobile phone.”