Banned driver spared prison

Jul 2 2009 by Alistair Watson, West Lothian Courier

A MAN who was caught driving while disqualified has been electronically tagged.

Police received calls about Martin Hogg’s driving on the M8 motorway near junction 4 after he had caused concern to other drivers.

They arrived at his Bathgate home shortly after 5pm on April 9 and saw Hogg parking outside.

He told officers he was diabetic and had suffered an attack and that was why his driving had caused some concern.

However, background checks on the 44 year old revealed he was a disqualified driver and had no insurance.

Last week at Linlithgow Sheriff Court, Hogg, whose address was given as Strathlogie, Bathgate, pleaded guilty to the offences.

His solicitor, Neil Robertson, told the court his client had driven because he was offered some specialist scaffolding work and his usual driver was off.

Mr Robertson said: “He was returning from a day at work.

“He has a prior record when it come to road traffic matters.

“He is extremely embarrassed to be back in front of the court again where a custodial sentence is a real prospect.”

Fining Hogg £1000 and banning him from the roads for five years, Sheriff Martin Edington said he had come close to jailing him.

He also handed Hogg a restriction of liberty order, meaning he has to stay inside his Bathgate home between 7.30pm and 6am for 180 days.

Sheriff Edington added: “You have five previous convictions for driving while disqualified.

“You have previously been given community service but on the last occasion you drove while disqualified you were sent to prison.

“Anyone in your position is facing a custodial sentence as you found out on the last occasion.

“It is a very good social enquiry report and you are otherwise a responsible person usually.

“Perhaps most significantly it is 11 or 12 years since your last conviction for driving while disqualified.

“On that basis you are going to escape a custodial sentence by the skin of your teeth.”