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Court / Two drink drivers banned and fined

A DRINK-DRIVER was caught by police after his “distinctive jersey” gave him away.

Thomas Jenkins, 34, had been spotted by police “clearly intoxicated” and walking through Lerwick in the early hours of 21 December last year.

But officers were then shocked to see Jenkins driving towards them in a car shortly after, wearing the same “distinctive jersey” they had seen him in previously.

Jenkins, from Lerwick’s Twageos Road, was breathalysed and was discovered to be more than four times the legal drink-driving limit.

He initially failed to co-operate with a preliminary test, asking instead to speak to a lawyer.

At Lerwick Sheriff Court on Wednesday, Jenkins admitted to driving on Knab Road, Lovers Loan and Twageos Road with 89 microgrammes of alcohol in 100ml of breath.

The legal limit is 22mcg.

He also pleaded guilty to refusing to confirm the identity of the driver, and failing to co-operate with a preliminary breath test without reasonable excuse.

Procurator fiscal Duncan Mackenzie said Jenkins had been spotted walking at around 2am in the morning, before officers came across him in the car.

He was arrested, but in his “slightly drunk and belligerent” state he refused to provide details or to take a breathalyser test.

Jenkins told police he “wanted a lawyer”, but after being put in touch with solicitor Tommy Allan he then co-operated fully.

Allan said the “lack of co-operation was not done out of any malice”, but that Jenkins wanted to know his rights first.

He said Jenkins had been out at a Christmas social evening, and had left his car at his work.

But when he returned home, he found he had taken the wrong keys home with him.

Jenkins tried to phone a taxi, but when he was told there was none available he “decided to take the car a short distance home”.

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Allan said his client was “thankful that no-one was hurt” in the process.

Sheriff Ian Cruickshank fined Jenkins £600 for the drink-driving charge, and a further £500 for refusing to provide a preliminary breath test for a total fine of £1,100.

He also banned him from driving for 12 months. Jenkins can reduce that ban by three months if takes the drink-driving rehabilitation course.


MEANWHILE a woman who drove a van to get more alcohol while already four-times the drink-driving limit has also been banned and fined.

Catherine Boyce, from Voe, took a camper van to the Brae Co-op on 5 October last year after an argument with her partner.

The 36 year old was planning to stay in the van after being “effectively made homeless” for the night, Lerwick Sheriff Court heard.

Procurator fiscal Duncan Mackenzie said Boyce had been drinking before driving to the Co-op to get more alcohol.

A concerned member of staff called the police, who arrived and breathalysed her.

They found she had 88 microgrammes of alcohol in 100ml of breath, four times the legal limit of 22mcg.

Boyce co-operated fully with police, he added.

Defence agent Natalie Paterson said her client was “extremely remorseful” for driving while over the limit, and had been “suffering with her mood” at the time of the incident.

Sheriff Ian Cruickshank fined Boyce £600 and banned her from driving for a period of 12 months.

She can discount that ban by a quarter if she completes the drink-driver rehabilitation course.

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