News / Lengthy ban from road
A FISHERMAN from Cunningsburgh who failed to provide two specimens of breath to the police after being suspected of drink driving has been banned from road for nearly three years.
Alan Pottinger, of Samfrae, Greenmow, was also fined £1,000 at Lerwick Sheriff Court on Wednesday.
The 46 year old admitted failing to provide the samples at Lerwick Police Station on 7 July to ascertain his ability to drive or the proportion of alcohol in his breath when he was driving between Main Street in Scalloway and his home that day.
Procurator fiscal Duncan Mackenzie said police were tipped off at around 2pm that Pottinger was seen driving out of Scalloway after he had been drinking. They arrived at his home address and saw cans of cider in his van.
Mackenzie said officers noted a smell of alcohol from Pottinger, while his eyes were bloodshot and he was unsteady on his feet.
The 46 year old failed a screening test and was arrested before being taken to the police station.
Defence agent Tommy Allan said in mitigation that his client had been at a friend’s funeral the day before.
He added that “for whatever reason” Pottinger was unable to provide specimens, with the man not actually refusing to give the samples.
Mackenzie added that the offence was a “particular problem” in Shetland and suggested to Sheriff Philip Mann that it could be beneficial for him to “send a message out”.
Sheriff Mann decided to ban Pottinger from the road for two years and eight months. The sentence can be reduced by a quarter if he completes a drink-driver’s rehab course.
He also turned down a crown request to seize the van, which was worth around £3,000 and was regularly used by Pottinger’s fishing business.
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