Banned driver is spared jail

Sep 17 2009 by Alistair Watson, West Lothian Courier

A SHERIFF told a man caught driving while disqualified that “heaven help him” if he ever appeared in front of him again.

Brian Chiwara was stopped by officers on the A899 Livingston Road in Livingston and after checks discovered the 38 year old was banned from the roads.

It also came to light that Chiwara had no insurance to drive.

Last week, at Livingston Sheriff Court, Chiwara, whose address was given as Curlew Brae, Livingston, pled guilty to the offences.

His solicitor told the court it was her client’s first offence since 2006.

Ms Todd added: “It was very foolish and short sighted.”

Ms Todd told the court her client was about to start a full-time course at university.

She asked for her client to be given a financial penalty and said Chiwara could pay £5 a week towards it but Sheriff Martin Edington was not impressed.

“Absolutely not,” Sheriff Edington said.

“I understand that his wife has a very well-paid job and with a family income like that he cannot think about offering £5 a week to a fine.

“I am also not hugely impressed that he is about to start another degree. If you read the report it seems he has spent the majority of his life doing one degree or another.”

Ms Todd said Chiwara was disqualified for a drink driving offence but alcohol had played no part in this offence.

She added he was seeing his doctor for anxiety and depression and asked for him to be given the opportunity to seek further help.

Putting Chiwara on probation for 18 months and ordering him to carry out 130 hours of community service Sheriff Edington said: “This is your third serious road traffic offence within the last eight years.

“It is clear to me that you do have an alcohol problem even though alcohol may not been involved directly with commission of this offence.

“You are also assessed at a medium risk of reoffending and a low to medium risk of future harmful behaviour — both of which concern me.

“I am not going to deprive you of your liberty today and I will give you a final chance to turn your life around.

“If you breach this order you will be back in front of me again and heaven help you if that is another road traffic offence as you will be back looking fairly and squarely at a prison sentence.”

Chiwara was also banned from the roads for a further five years.