Court / Fines given out at sheriff court
A MAN from Lerwick has been given a £500 fine and ten penalty points for being in charge of a vehicle while nearly four times the drink-driving limit.
Ray Brankin, of Arheim, pleaded not guilty to the charge but was found guilty at a trial at Lerwick Sheriff Court on Thursday.
It was alleged that the 20-year-old was in charge of a car on Lerwick’s Commercial Street on 19 May after consuming so much alcohol that the proportion in his breath was 83 microgrammes in 100ml – with the driving limit being 22.
The trial heard how the apprentice joiner had twice gone into his car – parked below Fort Charlotte – after attending the Trench bar in town.
On both occasions the car was not driven.
Brankin told court that in the first instance he turned the engine on so he could charge his phone, while he also retrieved filter tips for smoking.
He said he got back into the car a second time to collect himself after getting into a physical altercation with a group of men who shouted towards him.
At this point police found him sitting in the car with his seatbelt on, with the keys under his leg.
He was taken to Lerwick Police Station where alcohol readings were taken.
Brankin told the trial he had no intention of driving and had planned either to get a taxi home or to go to a friend’s house.
However, during the trial the court heard that some friends had taken possession of Brankin’s car keys earlier in the night – with procurator fiscal Duncan Mackenzie suggesting this was because they were worried he might drive after drinking.
When questioned about why he had his seatbelt after getting back into the car for a second time, Brankin said it was purely on “impulse”.
Summing up, Mackenzie said it was his view Brankin had intended to drive and said it was not a “quantum leap” to suggest this.
But defence agent Tommy Allan said his client could have driven the car if he wanted to – but did not.
He also said Sheriff Ian Cruickshank had to look at the case on the “balance of probabilities”.
The sheriff said there was a statutory defence which was based on the likelihood of driving.
However, in his view that defence was not “laid out” – with Brankin being found guilty of the charge.
Meanwhile a woman from Lerwick was fined a total of £360 and given nine penalty points for driving with a revoked licence and no insurance.
Wendy Parr, of Hill Grind, appeared at Lerwick Sheriff Court on Thursday to admit the offences, which took place in the town on 25 and 27 June 2023.
The court heard that the 46-year-old had assumed it was fine to drive after applying to get her licence back, which had previously been revoked on medical grounds.
Defence agent Tommy Allan added that a letter from the DVLA had apparently been sent out, but her client did not receive it.
He said the offences were not a “deliberate” act.
Become a member of Shetland News
Shetland News is asking its many readers to consider paying for membership to get additional features and services: -
- Remove non-local ads;
- Bookmark posts to read later;
- Exclusive curated weekly newsletter;
- Hide membership messages;
- Comments open for discussion.
If you appreciate what we do and feel strongly about impartial local journalism, then please become a member of Shetland News by either making a single payment, or setting up a monthly, quarterly or yearly subscription.
Already a member? Sign in to hide this message.
