Banned driver caught on roads just days after release from prison

Mar 8 2012 by Alistair Watson, West Lothian Courier

A BANNED driver was caught back on the roads just days after his release from a prison sentence for a motoring offence.

Sebastian Kowalski was jailed at Livingston Sheriff Court in November last year and disqualified for five years after he was caught drink driving for the fourth time.

The court heard the 30-year-old was just over a year into a four-year driving ban at the time.

Last week, Kowalski found himself back in the dock after police officers spotted him driving a friend’s Honda Accord on Grange Road in Livingston at 8pm on January 31 this year.

Kowalski, whose address was given as Erskine Way, Livingston, pled guilty to driving while disqualified and without insurance.

His solicitor, Glenn Fraser, told the court: “In many respects, his circumstances are very good.

“He seems to have an excellent employment history. He has a family, he is very pleasant to deal with and seems an intelligent man.

“He attends at court and does not seem to have any other difficulties apart from the fact he is building up a terrible record for road traffic offences.

“He realises that he is putting at risk his job but more than that his concern is that he will leave his family without anyone bringing in a wage.

“He realises that it is all down to him and him alone.

“One thing that is not here this time is a contravention of section five (drink driving).

“He tells me he has not drank alcohol since coming out of prison as he could not rely on his own judgement.

“I don’t think there is a drink problem per se. He comes from a different cultural background and it has been brought home to him that it is not acceptable to drink and drive here.

“He does seem to have finally realised it is not up to him to decide when he can drive and when he can’t.

“It was an error of judgement and it cannot happen again. I have made that clear to Mr Kowalski.”

Tagging Kowalski for 10 months, meaning he can’t leave his home between 9pm and 10am every day, Sheriff Duncan Murray said: “My concern is that on the last occasion a custodial sentence was imposed and here is a repeat of the offence he committed before.

“I have listened carefully to what your agent has said and he has persuaded me that, in the circumstances, I will not impose a custodial sentence today.

“I do so partly for the reason that there will be more impact upon you in a restriction of liberty order being imposed and may prevent you from repeating this behaviour.

“You must understand the seriousness of your position and that when this court disqualifies you from driving then you must not drive.”

Kowalski was also fined £175 and banned from driving for a further five years.