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Court / Sheriff Court: disqualifications and fines for motoring offences

On Wednesday, Lerwick Sheriff Court dealt with a string of motoring offences. They are summarised below:

A WIND farm worker from Denmark who caused a serious road accident by driving on the wrong side of the road will have to make a personal appearance at court next month.

Chris Toth, of Schaeferivej, Herning, pleaded guilty by letter when his case called at Lerwick Sheriff Court on Wednesday.

Procurator fiscal Duncan Mackenzie said this was a classic case of dangerous driving, as 34-year-old Toth had simply forgotten which country he was driving in.

Toth’s works van collided head on with another vehicle on 10 October at 7am on the Gremista to Dales Voe road.  Both drivers were injured in the accident and needed stitches to wounds.

Sheriff Ian Cruickshank continued the case until 13 March to give Toth the opportunity to give his narration and speak in mitigation.


AN EXCAVATOR driver who pleaded guilty to a charge of drug driving has been disqualified for three years.

Dave Will, of Bellfield, Brechin, appeared at Lerwick Sheriff Court via videolink from prison where he is currently serving an unrelated custodial sentence.

The 29-year-old was found to be over the legal limit when police stopped him on the A970 near the Burn of Pettwater on 1 February last year to speak to him about a different matter.

Officers detected a smell of cannabis and Will’s eyes were glazed, the court heard.

Will pleaded guilty to driving a wheeled excavator when the proportion of Delta-9-Tetrahydrocannabinal in his blood was seven microgrammes per litre of blood, when the legal limit is two microgrammes.

Sheriff Ian Cruickshank said because Will had a previous conviction for a similar offence, he had no alternative but to disqualify him for three years.

The sheriff also fined him £500, which was converted to 28 days of imprisonment as Will had no means of paying a fine.

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A MAN from Wales who was in charge of a vehicle while four times the legal limit for alcohol was banned from driving for a year.

Christopher Barnard, of Itton Road, St Arvan, was found asleep in his car with the lights off but the hazard lights flashing on the evening of 28 January.

Procurator fiscal Duncan Mackenzie said the 37-year-old appeared to be unconscious when other drivers stopped to check on the vehicle.

Police were called and the passenger window of Barnard’s vehicle had to be smashed to gain access to the car.

Defence solicitor Tommy Allen said his client had been struggling with his personal life.

The whole episode was a shock for everybody involved, and Bernard appreciates how serious the offence is, he added. There are no previous convictions.

Sheriff Ian Cruickshank fined Barnard £600 plus a £40 victim surcharge. Barnard can reduce the period of disqualification by a quarter should he successfully complete the drink drivers’ rehabilitation course.


A CONSTRUCTION supervisor from Dundee who collided with a number of cars when parking his pick-up in Burgh Road, in Lerwick, in the early hours of 6 August has been fined and banned from the roads.

Lee Millar admitted charges of drink driving and failing to report the accidents when he appeared at Lerwick Sheriff Court on Wednesday.

Procurator Fiscal Duncan Mackenzie said the incident was witnessed by a number of people who were returning home.

He said Millar, of Carlochie Place, was struggling to string a sentence together and was clearly very drunk. However, when police arrived he had disappeared, and by the time he was traced it was too late to take blood samples.

Defence solicitor Tommy Allan said his 42-year-old client had described the incident as a moment of madness. Millar was well thought of at his work of place and is not going to lose his employment, Allan added.

Sheriff Ian Cruickshank fined him £1,300 and disqualified Millar from driving for 16 months. This can be reduced by a quarter should Millar successfully complete the drink driver’s rehabilitation course.


A FAILED overtaking manoeuvre that resulted in a three vehicle accident on the A968 north of Voe on 7 September last year has cost a man from Mossbank £500 in fines.

John Gunn of Sandside pleaded guilty by letter to a charge of careless driving when his case called at Lerwick Sheriff Court on Wednesday.

The court heard how the 29-year-old attempted to overtake a pickup with a trailer but collided with another car that was already in the process of overtaking.

As a result Gunn collided with both vehicles involved, with the pick-up overturning. There were no injuries.

Procurator fiscal Duncan Mackenzie said Gunn was fully co-operative in the police investigation and remorseful.

Sheriff Ian Cruickshank fined him £500 and endorsed his licence with four penalty points.


A YOUNG man from Jarrow who drove a scooter in Lerwick while disqualified from driving has been fined £200.

The court accepted that Dale Irving, of St Pauls Road, made a genuine mistake when he used the unregistered ‘motor powered transporter’ at Annsbrae Place on 17 November last year.

Defence solicitor Tommy Allan said his client had no idea it was illegal.

Sheriff Ian Cruickshank said he was satisfied with the explanations given at court. He also endorsed his driving licence with six points.

Space2face

Space2face Shetland

Space2face Shetland is an independent and confidential service which uses Restorative Justice and the arts to bring those harmed by crime or conflict and those responsible for the harm into communication. We enable everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward.

If you would like to reach out to us, please contact us via e-mail info@space2face.org or mobile 07564 832467.

If you would like to know more, visit our website www.space2face.org, or our Facebook page #space2faceshetland.


The project is also currently fundraising to secure office space in Shetland’s brand-new creativity and wellness centre, The Mission. If you’re interested in getting involved, or making a donation, head over to www.space2face.org/how-you-can-help

 
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