Nwicker60
04-Apr-14, 14:54
No driving evidence but police entitled to seek samples
A MOTORIST has been banned from driving for refusing to provide the police with samples of his breath...although there was no evidence he had been driving the car.
The conundrum occupied legal minds at Wick Sheriff Court, yesterday, but Sheriff Andrew Berry ruled that disqualification would be discretionary.
He fined Brendan Macnamara, 33, £150 and disqualified him for 28 days. The unemployed hotel worker who lives at 24/7 Bailie Terrace, Edinburgh, admitted failing to provide two samples of breath at Wick police station.
David Barclay, prosecuting, said that officers had reasonable cause to suspect that Macnamara, an unemployed hotel worker, might have been driving his car between Wick and Ackergill Tower, in the early hours of January 5.
The senior fiscal depute said: “His demeanour in the early hours, indicated that he had been drinking and he was required to provide the breath samples which he refused to do.”
Mr Barclay continued: “Having reviewed matters more fully, it is clear that there was no evidence the accused was driving the car and the Crown have to concede that. Therefore disqualification is discretionary.”
Sheriff Berry said that the facts and circumstances were “unusual” but decided that even though there was no evidence of the accused having driven, the police were entitled to seek specimens from someone suspected of driving while under the influence of drink.”
A MOTORIST has been banned from driving for refusing to provide the police with samples of his breath...although there was no evidence he had been driving the car.
The conundrum occupied legal minds at Wick Sheriff Court, yesterday, but Sheriff Andrew Berry ruled that disqualification would be discretionary.
He fined Brendan Macnamara, 33, £150 and disqualified him for 28 days. The unemployed hotel worker who lives at 24/7 Bailie Terrace, Edinburgh, admitted failing to provide two samples of breath at Wick police station.
David Barclay, prosecuting, said that officers had reasonable cause to suspect that Macnamara, an unemployed hotel worker, might have been driving his car between Wick and Ackergill Tower, in the early hours of January 5.
The senior fiscal depute said: “His demeanour in the early hours, indicated that he had been drinking and he was required to provide the breath samples which he refused to do.”
Mr Barclay continued: “Having reviewed matters more fully, it is clear that there was no evidence the accused was driving the car and the Crown have to concede that. Therefore disqualification is discretionary.”
Sheriff Berry said that the facts and circumstances were “unusual” but decided that even though there was no evidence of the accused having driven, the police were entitled to seek specimens from someone suspected of driving while under the influence of drink.”