"was not in a good mood'' had the conviction quashed in Supreme Court yesterday.

But the mood of the magistrate who heard the case was not the reason Chief Justice the Hon. Sir James Astwood cited in allowing the appeal.

"I am not in a good mood, sometimes,'' he said.

Keith Robert Grant was convicted of dangerous driving in Magistrates' Court in April. Based on the evidence, Sir James decided it was "a borderline case of dangerous driving'', and Grant should instead have been convicted of driving without reasonable consideration for other road users.

He reduced to $150 the $500 fine the Magistrate imposed.

At about 9 p.m. on September 29, 1992, Grant's light Mitsubishi truck passed a taxi on Middle Road in Southampton, causing both the taxi and an oncoming vehicle to brake as he cut in front, the court was told.

Two Police officers who operated a radar speed check at the entrance to White's Supermarket testified at the trial, where Grant represented himself.

In his April 26 notice of appeal, Grant said he did not think the Magistrate ackowledged a witness he called. "I also felt that the judge was not in a good mood,'' he said.

He also then retained a lawyer, who stated the further ground that the conviction could not be supported on the evidence.

Grant was represented by Mr. Christoper LaVigne.

Based on the evidence, "it appears to me that no real danger was caused to anyone'', Sir James said. "The taxi and the oncoming vehicle were slightly inconvenienced.''