Court / Tresta man fined heavily after multiple drink-driving incidents
A TRESTA man caught drink-driving twice in four days has been banned and heavily fined – but his vehicle has not been taken off him.
The Crown had called for James Fraser’s, 62, vehicle to be forfeited after he previously admitted being caught drink-driving on 3 and 6 September this year.
Fraser was five times over the limit on the first occasion, and around six times the limit just days later – before he had even appeared at court for the first charge.
The first incident happened at around 10.30am on the road between the Weisdale shop and his home, with a concerned member of the public phoning the police on him.
Days later, he was stopped again by police on the road between the Tumblin junction and Tresta and failed a roadside screening test.
Procurator fiscal Duncan Mackenzie said Fraser’s vehicle – which the court heard was worth around £13,000 – should be taken from him as a “significant deterrent” to drink-drivers across Shetland.
He said that would show the sheriff “publicly denounce this sort of behaviour” and would remove the access Fraser had to a vehicle.
But defence agent Tommy Allan said Fraser’s partner also had a car, which the court had no powers to take off her.
He said the court needed to decide whether taking a £13,000 vehicle off Fraser was a proportionate financial penalty.
The solicitor said retirement was something Fraser was “struggling to cope with”, having lost the structure and social side of working life.
Fraser admitted that his drinking was “out of control” during this time, and Allan said he had since sought help for this.
Allan said that Fraser was “very lucky” he was in court for two drink-driving offences, and not something far worse given how far over the limit he was at the time.
That was through “good luck” rather than anything else, Allan added.
Sheriff Ian Cruickshank said these two offences occurred in “quick succession”, adding the level of readings were “extremely high”.
He said he felt he was able to hand down a sentence that was “sending out the right message” without taking Fraser’s vehicle away from his and his partner.
Fraser was banned from owning or obtaining a driving licence for a period of four years. He can discount this by one year if he completes the drink-driver rehabilitation course.
He was also fined a total of £4,200 for the two offences, and placed under supervision for a period of 12 months.
Fraser will also have to carry out 70 hours of unpaid work within the next six months.
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