Whitburn drink driver is sent to prison

Oct 2 2008 by Our Correspondent, West Lothian Courier

A DRINK driver who was caught behind the wheel while disqualified and over twice the legal limit has been jailed for ten months.

John Ian McMullan was stopped by police after he was spotted driving erratically on Armadale Road, Whitburn.

When officers spoke to him at 11.50pm on August 27 they observed that he was under the influence of alcohol.

The 35 year old was taken to Livingston police station.

A background check revealed he was disqualified from driving and also had no insurance.

It was the fourth time McMullan had been caught driving while disqualified and it was his third conviction for drink driving.

At Linlithgow Sheriff Court McMullan, whose address was given as 24 Mollison Avenue, Harthill, pled guilty to the offences.

His solicitor, Elaine Brunger, told the court her client, who worked as a labourer, had a chronic drink problem.

Ms Brunger added: “As a consequence of this he makes very poor decisions and is lacking in judgement.

“He is not doing particularly well on probation and has to think far more about his actions and the consequences of his actions. He is much more likely to do that with the help of a social worker.

“He has a daughter who he sees at weekends. He is beginning to build a relationship with her not having had one with her in the past.

“He does not deal well with the knowledge that he has potentially thrown away everything he has built up so far.

“The choice before the court is fairly stark.

“You can either deprive him of his liberty and given his previous record it would not be a surprise.

“But I would submit that the court can deal with this by community service as it will allow him to keep his job and tenancy and build up the relationship with his daughter and partner and perhaps keep him out of the downward spiral of alcoholism.”

Jailing McMullan for ten months and banning him from the roads for 12 years, Sheriff Andrew Mackie said: “As far as I can see this is your fourth driving while disqualification and your third driving while under the influence of alcohol.

“These were committed while on probation and while you were on community service.

“In my view there is no option for the court but to impose a custodial sentence.”