Nwicker60
07-Sep-13, 09:06
Accused drove after hearing father was gravely ill
A SHERIFF dealt leniently with a driver caught over the drinks limit while on a mercy mission to see his seriously-ill father in hospital.
The accused, Sinclair Sutherland, tendered a guilty plea to the charge, last month, but Sheriff Andrew Berry declined to accept it, in light of the special circumstances which he suggested might make the accused an exception.
Sutherland, 53, reappeared at Wick Sheriff Court yesterday with legal representation.
Solicitor Sylvia MacLennan said that the accused, of 6 Moorside Avenue, Thurso, didn’t have a defence to the charge and was again tabling a guilty plea.
The court was told that Sutherland had been advised by the police, in the early hours of June 4, that his father was gravely ill in Caithness General Hospital. Later, he was stopped by officers in Princes Street, Thurso, and found to be over the limit. Tests revealed a breath-alcohol level of 76 microgrammes, more than twice the legal limit of 35mgs.
David Barclay added that it wasn’t a flagrant case of drinks driving. Sutherland had “acted on instinct” after hearing the news about his father.
That was confirmed by Miss MacLennan who said that the accused’s father had been admitted to hospital in Wick, four weeks earlier, in relation to a problem in his lungs which developed into a massive heart attack.
She continued: “At the time of the offence Mr Sutherland, senior, was in intensive care and his family had not been given much hope of him surviving. When the officer called at the accused’s house he thought that the worst had happened. On being told the true situation, Mr Sutherland, in his own words, didn’t think things through regarding the need for alternative transport. He instinctively grabbed his car keys.”
Miss MacLennan said that it might not have become an issue, but for the fact that the accused had taken some drink earlier in the evening, in the knowledge he would not be driving.”
The solicitor, however, said that she was pleased to report that the story had "a happy ending". The patient had pulled through and had been discharged about six weeks ago....although Sutherland now found himself in the dock.
Sheriff Andrew Berry said it was proper that the unusual circumstances had been investigated and he would give Sutherland the benefit of having tendered his plea at the earliest possible stage.
The sheriff added: “The circumstances are very unusual and are certainly unlikely to be repeated.”
He fined Sutherland, a first offender, £100 and disqualified him for a year.
A SHERIFF dealt leniently with a driver caught over the drinks limit while on a mercy mission to see his seriously-ill father in hospital.
The accused, Sinclair Sutherland, tendered a guilty plea to the charge, last month, but Sheriff Andrew Berry declined to accept it, in light of the special circumstances which he suggested might make the accused an exception.
Sutherland, 53, reappeared at Wick Sheriff Court yesterday with legal representation.
Solicitor Sylvia MacLennan said that the accused, of 6 Moorside Avenue, Thurso, didn’t have a defence to the charge and was again tabling a guilty plea.
The court was told that Sutherland had been advised by the police, in the early hours of June 4, that his father was gravely ill in Caithness General Hospital. Later, he was stopped by officers in Princes Street, Thurso, and found to be over the limit. Tests revealed a breath-alcohol level of 76 microgrammes, more than twice the legal limit of 35mgs.
David Barclay added that it wasn’t a flagrant case of drinks driving. Sutherland had “acted on instinct” after hearing the news about his father.
That was confirmed by Miss MacLennan who said that the accused’s father had been admitted to hospital in Wick, four weeks earlier, in relation to a problem in his lungs which developed into a massive heart attack.
She continued: “At the time of the offence Mr Sutherland, senior, was in intensive care and his family had not been given much hope of him surviving. When the officer called at the accused’s house he thought that the worst had happened. On being told the true situation, Mr Sutherland, in his own words, didn’t think things through regarding the need for alternative transport. He instinctively grabbed his car keys.”
Miss MacLennan said that it might not have become an issue, but for the fact that the accused had taken some drink earlier in the evening, in the knowledge he would not be driving.”
The solicitor, however, said that she was pleased to report that the story had "a happy ending". The patient had pulled through and had been discharged about six weeks ago....although Sutherland now found himself in the dock.
Sheriff Andrew Berry said it was proper that the unusual circumstances had been investigated and he would give Sutherland the benefit of having tendered his plea at the earliest possible stage.
The sheriff added: “The circumstances are very unusual and are certainly unlikely to be repeated.”
He fined Sutherland, a first offender, £100 and disqualified him for a year.