Cyclist David Brennan, aged 47, from Torrance, Scotland, was biking to work in Glasgow when he was punched by a motorist in a dangerous incident of road rage in October 2019.

Video footage from David's helmet camera shows him slapping the car with his hand as the motorist drives towards him from behind.

The driver then emerges from his car and hurls abuse at David before knocking him with a punch.

He told Newsflare: "I encountered a queue of slow-moving traffic. As I filtered up the inside of the queue, one driver appeared to take exception to this and accelerating within inches of my rear wheel.

"Instinctively, I reached out a hand to protect myself. I thought I was in danger and reacted to the fast-approaching vehicle by slapping the bonnet with the palm of my hand. What happened next was a blur. The driver got out and was incredibly aggressive, hurling abuse at me. He pushed me and then punched me in the face. I was left with a swollen lip and in a state of shock.”

The incident lasted less than a minute but had an impact on David’s life over the following year.

“I felt sure, given the very clear footage and the availability of a witness, that the police would take the incident very seriously.”

Having not heard anything after a month, David followed up with the police at least five times over several weeks. Eventually, David found out the driver was given a written warning.

“I felt angry and let down,” David explained.

“I had been driven at, abused, pushed, and punched in the face, and the driver was only given a warning? That’s not justice.”

David decided to post the video footage online. He was contacted by the police again, who said they were investigating "further criminality."

After several more months, David was given an official warning for breaching the peace.

“I was honestly shaken to the core. Under pressure, late at night, and with no advice at hand, I felt that I had to accept the warning.

“The officers didn’t care that any swearing and shouting was a reaction to being endangered and assaulted. The warning belittled the effect that this incident had on me and has left me feeling self-doubt and anger ever since.”

After receiving advice from Cycling UK and Cycle Law Scotland, and with Cycling UK committed to covering legal costs through its Cyclists’ Defence Fund if he was prosecuted, David appealed the warning.

“Appealing was risky, as it could lead to a court case and conviction, but I could not let this pass. Even just on principle, I had to appeal.”

In September 2020, David was contacted by the Crown Office to say his warning was overturned.

Policy and Campaigns Manager of Cycling UK Jim Densham said: “David’s experience on the road that morning must have been frightening and the shock compounded by his subsequent treatment. Too often we hear of people who are out enjoying a cycle ride but experience a dangerous situation through no fault of their own."

As David Brennan cycled to work in Glasgow on a wet day in October 2019, wearing his helmet camera as he always does, he encountered a queue of slow-moving traffic. As he filtered up the inside of the queue, one driver appeared to take exception to this, accelerating to within inches of David’s rear wheel.

Instinctively, David reached out a hand to protect himself. What happened next was a blur:

“I thought I was in danger and reacted to the fast approaching vehicle by slapping the bonnet with the palm of my hand. The driver got out and was incredibly aggressive, hurling abuse at me. He pushed me and then punched me in the face. I was left with a swollen lip and in a state of shock.”

The whole incident lasted less than a minute, but had a big impact on David’s life over the next seven months and beyond.

David reported the incident to the police when he got to work, explaining that he had video footage from front and rear facing cameras, plus a witness from the driver of the vehicle behind who confirmed that the other driver appeared to have driven at David

The shock of the incident left David feeling uneasy on his commute, particularly worrying about coming across the same driver again. He did however expect the police to take swift action.

“I felt sure, given the very clear footage and the availability of a witness, that the police would take the incident very seriously.”

Having not heard anything after a month, David chased up the police at least five times over several weeks. Eventually, the news came and it wasn’t good. The driver had only been given a written warning.

“I felt angry and let down,” David explained. “I had been driven at, abused, pushed and punched in the face, and the driver was only given a warning? That’s not justice.”

David posted the video and outcome of the incident online, with many people expressing their shock at the failure to protect a vulnerable road user.

Broadcaster Jeremy Vine even shared the video, saying: “This is just incredible. A warning?”

Shortly afterwards, David received a call from the police. They’d seen the video online and were going to investigate ‘further criminality’. Perhaps a proper charge for the driver after all?

All went quiet for several months. Then, in a 10pm visit to David’s home, the bombshell. “We are here to give you an official warning for contravening Section 38 (Breach of the Peace).”

Under S.38 of the Criminal Justice and Licensing (Scotland) Act 2010, someone commits an offence if:

they behave in a threatening or abusive manner,
the behaviour would be likely to cause a reasonable person to suffer fear or alarm, and
they intend the behaviour to cause fear or alarm or are reckless as to whether it would.
Following an incident which David believed was dangerous driving, which led to him being punched, David had sworn. Now the police were giving him a written warning stating that he ‘Did shout and swear causing fear to others’. He was stunned.

“I was honestly shaken to the core. Under pressure, late at night and with no advice at hand, I felt that I had to accept the warning.

“The officers didn’t care that any swearing and shouting was a reaction to being endangered and assaulted. The warning belittled the effect that this incident had on me and has left me feeling self-doubt and anger ever since.”

After receiving advice from Cycling UK and Cycle Law Scotland, and with Cycling UK committed to covering legal costs through its' Cyclists’ Defence Fund if he was prosecuted, David was convinced that he had to fight the warning:

“Appealing was risky, as it could lead to a court case and conviction, but I could not let this pass. Even just on principle I had to appeal.”

Seven very stressful months later, David was informed that the case had been dropped as it was ‘disproportionate’.