Disqualified driver was twice the limit

Feb 3 2011 by Alistair Watson, West Lothian Courier

A DISQUALIFIED driver was caught driving while more than twice the limit after an all-day drinking session.

Police were tipped off that Robert McMahon, 61, had been drinking all day in Broxburn on January 2 but intended to drive home.

Officers arrived at his address in Livingston at 9.30pm but the vehicle was not there.

A few minutes later they spotted his vehicle travelling on Eliburn South with McMahon at the wheel.

“They put on their blue light but it seemed to the police that he didn’t see the warning lights and they had to overtake the vehicle to stop him,” fiscal depute Claire Martin said.

“When he got out the car he appeared to be off balance and intoxicated.

“A further check showed that the accused had been disqualified from driving.”

McMahon was taken to Livingston Police Station where he was breathalysed.

The 61-year-old gave a reading of 87mg of alcohol in 100ml of breath — over twice the legal limit of 35mg.

McMahon, whose address was given as Leving Place, Livingston, pled guilty to driving while disqualified and drink driving.

His solicitor, Gordon Henderson, said his client had been confused about his ban.

“The disqualification which he fell foul of was imposed in 1996. It had expired a long time ago but he had been ordered to resit the test.

“He had thought his ban was up after three years and thereafter he was no longer banned. He just thought he would not have a licence.

“He knew he was committing the offence of driving without a licence but was not aware that he was committing the offence of driving while disqualified.

“Clearly, when he took the decision to drive he knew he was over the limit for drink driving which is of great concern given he has a previous conviction for that.

“He tells me he has no intention of driving in the future and his car has now been crushed by the police. He intends to use his bus pass now.”

Ordering McMahon to carry out 200 hours of community service, fining him £335 and banning him from the roads for four years Sheriff Donald Muirhead said: “Where as you have not got a bad record you do seem to not pay a great deal of attention to court requirements.

“You have a bit of a cavalier approach. You say you are not going to drive but I cannot rely on that.

“Driving while disqualified is a very serious matter and I would normally consider custody as a first option.

“The situation here is a little unusual in that there is a big gap between your first and second offence and there might be some room for some misunderstanding regarding your position in terms of disqualification so I am prepared not to send you to jail.

“You should realise that if you are caught driving while disqualified again you will probably be going to jail no matter how old you are as it is a serious matter.”