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View Full Version : Cases from yesterday's sheriff court session



Nwicker60
18-Dec-12, 09:01
Change-of-plea driver to stand trial

A DRIVER has decided to fight a borderline case that she was drunk-in-charge of her car...although she admitted it, initially.
Leanne Mackay, 21, tendered the guilty plea, last month, that she had a blood-alcohol count of 81 – a single microgram over the legal limit.
Wick Sheriff Court was told then, by David Barclay, prosecuting, that Mackay, of 7 Stroma Road, Thurso, was observed by police getting out of the vehicle with some of her friends.
However, solicitor Fiona MacDonald told the court that the group had been for a night out, and Mackay had taken a decision not to drive home. Ms MacDonald added that that some “high jinks” ensued and the accused’s friends got into the car. Mackay followed but only to get her mobile phone.
Sheriff Gordon Fleetwood told Mr Barclay: “There is nothing to indicate that she was likely to drive or there was any prospect of her doing so.”
The sheriff added that he was not prepared to sentence someone of being in charge of a car when over the limit when he was given information there was nothing to indicate guilt. He continued the case without plea for further consideration.
When Mackay reappeared in court yesterday, the regular sheriff, Andrew Berry, was advised that the accused was now pleading not guilty to the charge.
Her trial was fixed for March 21.

Birthday celebrations led to court appearance

POLICE were suspicious when they spotted a car in the middle of the road with its engine running and about to move off, in the early hours.
They spoke to Alexander Elder and got a smell of alcohol from him. Subsequent tests revealed he was more than twice the legal limit.
The Dounreay fitter, who was said to have been celebrating his 24th birthday the day before, was found to have a breath-alcohol level of 87 micrograms – the legal limit is 35 mgs.
Solicitor Neil Wilson said that Elder, of 5 Seaforth Place, Thurso, should have known he was over the limit. He had “foolishly” decided to give a couple of friends a lift home.
Elder appeared from custody and admitted driving with excess alcohol, shortly after midnight yesterday in Riverside Road, Thurso. He was fined £400 and banned from driving for a year.
The accused was advised he could reduce the disqualification by three months if he successfully completes the drinks-drivers rehabilitation course.


Overtaking driver was careless

A DRIVER ran into trouble as he headed for the Black Isle agricultural show.
Peter Mackay, 61, was in a line of traffic travelling behind a heavy goods vehicle, on August 2. The obliging lorry driver was intermittently signalling when it was all clear ahead for overtaking.
However, when it came to Mackay’s turn just south of Dunbeath on the A9, he encountered a car coming from the opposite direction which had to evasive action.
Mackay, a self-employed livestock agent, of 6 Holdings, Forss, admitted careless driving. He was fined £300 and incurred four penalty points.
Mr Barclay said that not withstanding the clear-to-overtake signal from the heavy goods vehicle driver, the responsibility was on Mackay to ensure that was, in fact, the case.