Sheriff jailed drink-driver he accused of lying to court

Feb 10 2011 by Alistair Watson, West Lothian Courier

A SHERIFF jailed a Lithuanian drink-driver who he accused of trying to pull the wool over his eyes.

Sheriff Martin Edington said Zilvinas Miksta had shown a “complete disregard” for the law and orders of the court after he racked up his third driving while disqualified and a second drink driving conviction in just two years.

Livingston Sheriff Court heard Miksta was spotted by police driving on Almondvale Boulevard shortly after 4.30pm on October 27 last year.

“They followed the van until it came to a stop,” fiscal depute Wendy McDonald said.

“All the occupants leaving the van appeared to be under the influence of alcohol.”

Miksta provided a positive roadside breath sample to officers and was taken to Livingston police station.

The 36-year-old provided a positive breath test with a reading of 98 micrograms per 100 millilitres of breath — nearly three times the legal limit of 35mg per 100ml.

Miksta, whose address was given as Victoria Street, Craigshill, pled guilty to drink driving. He also admitted driving while disqualified.

His solicitor, Peter Mullin, said his client had a worrying schedule of previous convictions.

“He accepts that he is very lucky to have received only periods of disqualification and financial penalties for what could be described as continued behaviour,” Mr Mullin added.

“However, he has spent two weeks in custody and he accepts that he is the architect of that period of remand given that he failed to attend for the preparation of the social enquiry report.

“It has had a significant effect on him and can be seen in the very positive terms in the report and his realisation that his behaviour cannot continue.

“He says the two weeks he has spent in custody have been exceptionally difficulty for his partner and young son given that he is the bread winner for the family.”

However, Sheriff Edington said he felt Miksta had attempted to mislead the court on a previous appearance when the father-of-one had unsuccessfully applied for bail saying there was no-one able to look after his son.

Miksta had said his son was with a babysitter, his former partner’s sister, but failed to mention he was in a relationship with this woman.

Sheriff Edington added: “You were not here on January 28 when Mr Aitken addressed me at length in an ultimately unsuccessful attempt for me to release him on bail.

“One of the main thrusts of his submission was the he could not expect this person to look after another person’s child and now it turns out he is in a relationship with this woman.

“I have formed the view that this accused made a deliberate attempt through Mr Aitken, and I place absolutely no blame on him in relation to this, to persuade me that if he was remanded in custody there was no one to look after this child apart from a babysitter who just happened to be the sister of his former partner.

“This is a man who will say anything he wants to get what he wants.”

But Mr Mullin said that Miksta hadn’t attempted to mislead the court and was merely concerned about the welfare of his son.

“He is separated from the mother of his child and thereafter he commenced a relationship with this woman’s sister,” Mr Mullin said.

“Maybe what he meant was that he didn’t think his current partner would be in a position to look after his son while he was in remand. There does seem to have been difficulties in the care of the child over the last two weeks as the household has had no money.”

But jailing Miksta for 80 days Sheriff Edington said: “You have already served a long sentence for a matter of dishonesty.

“This is your third conviction for disqualified driving and your second for drink driving in just over two years in this country.

“The drink drive reading was almost three times the limit.

“I have formed the view that you are prepared to lie to, or at least attempt to, pull the wool over the court’s eyes when it suits you.

“Ultimately, and most importantly, you have complete disregard for the laws of this country and for orders of the court. You will, therefore, go to prison.”