Nwicker60
14-May-15, 19:04
Sheriff not convinced by drinks driver's defence
A CAITHNESS quarryman has been fined £500 and banned for a year after being found guilty of driving with excess alcohol.
Sheriff Andrew Berry said he did not accept Andrew Sutherland's defence that the alcohol which took him to almost double the legal limit had been consumed after a road accident in which the Vauxhall Corsa he was driving, left the road, crashed through a fence and into a field.
Sutherland, 33, denied driving with excess alcohol at Newlands of Geise on the Westfield to Thurso road, on September 14, last year, and, in addition to the fine, was banned for a year. Tests revealed a breath-alcohol level of 68 micrograms - the legal limit is 35mgs.
Sheriff Berry, who saw a forensic analysis, rejected the accused's evidence that he had not consumed drink before he driving and told Sutherland, of 3 Oust Farm Cottages, Westfield: "The scenario presented in court by you was clearly untrue. You didn't accept responsibility for your actions at an early stage and now there are consequences for you in terms of an inevitable disqualification."
Earlier in the trial at Wick Sheriff Court, David Barclay, prosecuting, announced he was no longer seeking a conviction on an additional charge of careless driving.
Careless driver escapes ban
THE SHERIFF refrained from banning a careless driver after hearing that his job which involves him covering 30,000 miles each year depended on him keeping his licence.
However, Simon Czaja, 30, was fined £400 and incurred four penalty points after he pled guilty.
The court was told that a car owner discovered her vehicle parked in Pennyland Drive,Thurso, had been damaged in the early hours of July 6, last year. Police recovered a wing mirror from the accused's car and subsequently traced him.
Mr Barclay, prosecuting, said that the owner of the damaged vehicle was a 70-year-old woman who "takes a pride in her car" and had received an estimate for repairs amounting to just over £954. Czaja, of 19 Flat 14, Barrland Street, Glasgow, had however, made arrangements to compensate her fully.
Stressing the importance of the regional accounts salesman being able to drive, solicitor Chris Munro said that loss of his licence, even for a short period, would cost him his job and trigger serious financial difficulties. Mr Munro added that Czaja had intended contacting the owner of the car later that morning but left Thurso without contacting her or the police.
Sheriff Andrew Berry commented that "certain inferences" might be drawn from that failure but was satisfied it was not necessary to disqualify Czaja.
Shouted and swore at police
CONCERNED bystanders contacted the police after fearing that Gordon Jenkins had collapsed and an ambulance crew was alerted.But when officers attempted to assist Jenkins - lying nearby was an empty vodka bottle - he reacted by shouting and swearing at them and uttering threats of violence which, commented Mr Barclay, prosecuting, he had no hope of implementing. The fiscal added that there were children in the vicinity during the incident.. Jenkins, 61, of 13 Henrietta Street, Halkirk, appeared from custody and admitted behaving in a threatening or abusive manner in Janet Street, Thurso, on Wednesday.
He was bailed pending sentence on June 12 when he is due to appear on an unrelated charge
Sheriff Berry called for a background report after learning that Jenkins might have a problem with alcohol in addition to health difficulties.
A CAITHNESS quarryman has been fined £500 and banned for a year after being found guilty of driving with excess alcohol.
Sheriff Andrew Berry said he did not accept Andrew Sutherland's defence that the alcohol which took him to almost double the legal limit had been consumed after a road accident in which the Vauxhall Corsa he was driving, left the road, crashed through a fence and into a field.
Sutherland, 33, denied driving with excess alcohol at Newlands of Geise on the Westfield to Thurso road, on September 14, last year, and, in addition to the fine, was banned for a year. Tests revealed a breath-alcohol level of 68 micrograms - the legal limit is 35mgs.
Sheriff Berry, who saw a forensic analysis, rejected the accused's evidence that he had not consumed drink before he driving and told Sutherland, of 3 Oust Farm Cottages, Westfield: "The scenario presented in court by you was clearly untrue. You didn't accept responsibility for your actions at an early stage and now there are consequences for you in terms of an inevitable disqualification."
Earlier in the trial at Wick Sheriff Court, David Barclay, prosecuting, announced he was no longer seeking a conviction on an additional charge of careless driving.
Careless driver escapes ban
THE SHERIFF refrained from banning a careless driver after hearing that his job which involves him covering 30,000 miles each year depended on him keeping his licence.
However, Simon Czaja, 30, was fined £400 and incurred four penalty points after he pled guilty.
The court was told that a car owner discovered her vehicle parked in Pennyland Drive,Thurso, had been damaged in the early hours of July 6, last year. Police recovered a wing mirror from the accused's car and subsequently traced him.
Mr Barclay, prosecuting, said that the owner of the damaged vehicle was a 70-year-old woman who "takes a pride in her car" and had received an estimate for repairs amounting to just over £954. Czaja, of 19 Flat 14, Barrland Street, Glasgow, had however, made arrangements to compensate her fully.
Stressing the importance of the regional accounts salesman being able to drive, solicitor Chris Munro said that loss of his licence, even for a short period, would cost him his job and trigger serious financial difficulties. Mr Munro added that Czaja had intended contacting the owner of the car later that morning but left Thurso without contacting her or the police.
Sheriff Andrew Berry commented that "certain inferences" might be drawn from that failure but was satisfied it was not necessary to disqualify Czaja.
Shouted and swore at police
CONCERNED bystanders contacted the police after fearing that Gordon Jenkins had collapsed and an ambulance crew was alerted.But when officers attempted to assist Jenkins - lying nearby was an empty vodka bottle - he reacted by shouting and swearing at them and uttering threats of violence which, commented Mr Barclay, prosecuting, he had no hope of implementing. The fiscal added that there were children in the vicinity during the incident.. Jenkins, 61, of 13 Henrietta Street, Halkirk, appeared from custody and admitted behaving in a threatening or abusive manner in Janet Street, Thurso, on Wednesday.
He was bailed pending sentence on June 12 when he is due to appear on an unrelated charge
Sheriff Berry called for a background report after learning that Jenkins might have a problem with alcohol in addition to health difficulties.