Nwicker60
26-Feb-13, 09:25
Lybster man accused of breaching probation order
A DRUNK driver, who, in the words of a sheriff, could have killed himself and his passenger when he lost control of his car, is alleged to have breached the probation sentence imposed.
Shane McPhee, 19, appeared from custody at Wick Sheriff Court, yesterday, accused of breaching the two-year order under which he had to carry out 150 hours of unpaid community service.
A motion by his solicitor, Fiona McDonald, to have the case continued without plea for further investigation, was granted.
McPhee, of 9 Shelligoe Road, Lybster, was sentenced in February last year, and banned for three years, after admitting driving dangerously and while under the influence of drink. The court was told he was travelling too fast for the weather conditions on the A99, when his car left the road near Forse House, and rolled over and over, in the early hours of September 29, 2010.
McPhee had only “a faint recollection” of the accident and it wasn’t clear what had caused him to lose control. The 19-year-old sustained multiple injuries including a fractured skull and was transferred from the local hospital for treatment in Glasgow. His 14 –year-old passenger escaped serious injury even though he wasn’t wearing a seatbelt.
Police got a smell of alcohol and tests on McPhee, revealed a blood-alcohol level of 119 milligrammes – the limit is 80.
Sheriff Andrew Berry previously told McPhee, that it was clear that his passenger and himself could have suffered greater injury or perhaps death.
Because the accused was only 16 at the time and a first offender, the sheriff was able to deal with the case by way of a non-custodial sentence.
McPhee, has completed the first of the two-year probation order imposed. It has not yet emerged how many hours of the unpaid community work he has completed or how the order was breached.
The accused was granted bail yesterday and will return to court on March 6 to tender a plea.
A DRUNK driver, who, in the words of a sheriff, could have killed himself and his passenger when he lost control of his car, is alleged to have breached the probation sentence imposed.
Shane McPhee, 19, appeared from custody at Wick Sheriff Court, yesterday, accused of breaching the two-year order under which he had to carry out 150 hours of unpaid community service.
A motion by his solicitor, Fiona McDonald, to have the case continued without plea for further investigation, was granted.
McPhee, of 9 Shelligoe Road, Lybster, was sentenced in February last year, and banned for three years, after admitting driving dangerously and while under the influence of drink. The court was told he was travelling too fast for the weather conditions on the A99, when his car left the road near Forse House, and rolled over and over, in the early hours of September 29, 2010.
McPhee had only “a faint recollection” of the accident and it wasn’t clear what had caused him to lose control. The 19-year-old sustained multiple injuries including a fractured skull and was transferred from the local hospital for treatment in Glasgow. His 14 –year-old passenger escaped serious injury even though he wasn’t wearing a seatbelt.
Police got a smell of alcohol and tests on McPhee, revealed a blood-alcohol level of 119 milligrammes – the limit is 80.
Sheriff Andrew Berry previously told McPhee, that it was clear that his passenger and himself could have suffered greater injury or perhaps death.
Because the accused was only 16 at the time and a first offender, the sheriff was able to deal with the case by way of a non-custodial sentence.
McPhee, has completed the first of the two-year probation order imposed. It has not yet emerged how many hours of the unpaid community work he has completed or how the order was breached.
The accused was granted bail yesterday and will return to court on March 6 to tender a plea.