Court / Dangerous drink driver avoids jail by ‘a hair’s breadth’
A MAN who admitted driving at “grossly excessive speeds” while twice the alcohol limit has escaped a jail sentence “by a hair’s breadth”.
Daniel Johnson, 20, had been warned he could be imprisoned after admitting last month to the dangerous driving charge, which occurred in Lerwick on 11 April this year.
He did so while already banned from driving, and even attempted to throw a punch at an eyewitness who tried to stop him getting back behind the wheel.
Sheriff Ian Cruickshank told Johnson his initial thoughts were that there would be “absolutely no alternative to a custodial disposal”.
However Johnson, from Sullom, avoided being sent to jail after agreeing to pay a hefty financial penalty.
Lerwick Sheriff Court heard last month that Johnson mounted kerbs and drove at great speed through town, while already banned and drunk.
A group passing him were so disturbed by the manner of his driving they phoned the police and followed him.
Johnson had passed the other car at around 11.45pm at North Lochside, with his car “skidding and screeching” as it mounted the kerb.
Procurator fiscal Duncan Mackenzie said the occupants of the other vehicle were “appalled and alarmed” by his driving, and immediately phoned the police.
They then saw Johnson’s car at the Esplanade, again travelling at “grossly excessive speeds”, before it pulled up in front of the Thule bar.
The court heard how Johnson and his passengers got out to go into the pub, with the witnesses confronting him about his driving. They noted he “appeared intoxicated”.
When Johnson left the pub and got into the car the group confronted him again, and though he removed his keys from the ignition he began behaving aggressively towards them.
He even attempted to throw a punch at one of them, the fiscal said.
One of them took Johnson to the ground and restrained him until the police were able to arrive.
Johnson then tried to make a “brief” run for it when they did arrive – but fell over and injured himself.
Mackenzie said Johnson was breathalysed over two hours later, and still found to be more than two times the drink driving limit.
Johnson had 107 microgrammes of alcohol in 100ml of blood, with the limit being 50 microgrammes.
Defence agent Tommy Allan had reserved mitigation until today (Wednesday) for the preparation of background reports, and said Johnson “takes full responsibility” for his actions.
He said the 20-year-old fisherman had stayed clear of trouble since April, and that his social work report was a “decent one”.
Allan urged the sheriff not to jail Johnson, saying it would have a potentially fatal effect on his career as a fisherman.
He told the court Johnson owned his own boat and had a licence from the Shetland Shellfish Management Organisation – something “extremely rare” for someone his age.
These would both be in jeopardy if he was imprisoned, he added.
The solicitor said Johnson wanted to ask the court for “one more chance”, and that he understood “it will be a last one”.
He said Johnson could earn up to £1,500 – after expenses – on a good week, and would be willing to pay a significant fine.
Sheriff Cruickshank told Johnson he had shown a “total disregard” for road traffic laws during the incident.
“Not only did you drive dangerously, but you did it while twice over the legal limit for alcohol,” he said.
“You made a conscious decision to drive in this manner while disqualified from driving.
“To compound all of that, you displayed an aggressive demeanour to members of the public who were rightly concerned about you being on the road.”
However, he said that “by a hair’s breadth” he had been persuaded not to jail Johnson.
Instead he fined him a total of £5,175 and banned him from driving for four years.
Johnson will also have to sit the extended test of competency before regaining his driving licence.
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