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Court / Three year ban for driver who left behind injured passenger

A DRINK driver who left his injured passenger at the scene of a crash has been given a hefty fine at Lerwick Sheriff Court. 

Liam Kenny, from Liverpool, was also banned from driving for more than three years after the incident on 12 February 2022.

Kenny’s passenger was left with a fractured vertebrae after the crash, and was found by police and an ambulance lying on the road.

However the 43 year old was nowhere to be found, having left the scene to return to his accommodation in the aftermath.

He returned about 45 minutes later – with defence agent Tommy Allan saying he had consumed more alcohol in that time.

Lerwick Sheriff Court heard on Wednesday that Kenny was already banned from driving and had no insurance at the time.

He was three times over the drink driving limit when tested by police, with 163 microgrammes of alcohol in 100ml of blood – the limit being 50 microgrammes.

Kenny admitted driving without insurance, driving while disqualified and while over the drink driving limit.

Procurator fiscal Duncan Mackenzie said the crash took place at around 6.40am near to Scatsta Airport.

Kenny collided with another vehicle, with his passenger sustaining a spinal injury.

Defence agent Tommy Allan said his client was in “serious trouble here”, and that he understood that.

The solicitor said Kenny was keen to avoid a custodial sentence and was willing to pay “a meaningful financial penalty”.

Kenny believed at the time his passenger had not been seriously injured, Allan said, and had even been able to walk away from the car.

That had led him to leave the area and return home to consume more alcohol, the solicitor said.

“His passenger was more seriously injured than he thought,” Allan added.

Mackenzie said the passenger had to miss a month of work, and had to “rely on family to help him”.

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“He suffered a significant degree of pain during the recovery process,” the fiscal said.

Sheriff Ian Cruickshank said nothing less than a serious financial penalty could be given to “reflect the seriousness of the offences”.

He ordered Kenny to pay £4,000 to the passenger of his car, and fined him a further £2,325 for driving while banned and driving under the influence.

Kenny was also banned from holding or obtaining a licence for 40 months.

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