Dis­qual­i­fied driver jailed

Airdrie & Coatbridge Advertiser - - Court Case­book -

A man who was caught driv­ing while dis­qual­i­fied for the fifth time has been jailed for nearly four months.

David McFar­lane, 56, has also been banned from the roads for five years thanks to his ac­tions on Jan­uary 8 this year.

The Dun­beth Court res­i­dent ap­palled Sher­iff Derek O’Car­roll with his record which showed four pre­vi­ous con­vic­tions for the same of­fence, dat­ing back to 2001.

McFar­lane pleaded guilty to the charge at Air­drie Sher­iff Court, but ini­tially de­nied one of­fence from 2008.

He stated he was in Aus­tralia at the time and wasn’t con­victed for a driv­ing while dis­qual­i­fied charge.

How­ever, as Sher­iff O’Car­roll pre­pared to read out his sen­tenc­ing, McFar­lane changed his mind and asked his de­fence solic­i­tor, John McGeechan, to change his stance on the prior of­fence.

The procu­ra­tor fis­cal read: “On Jan­uary 8 this year, po­lice of­fi­cers saw a Jaguar on the road and de­cided to fol­low it.

“They even­tu­ally asked it to stop and spoke to the ac­cused. “He was alone in the car. “One of the of­fi­cers recog­nised him from a pre­vi­ous in­volve­ment.

“He was cau­tioned be­fore be­ing asked if he had re-sat his test.

“Data showed he had been dis­qual­i­fied and con­firmed he hadn’t re-sat his test.

“The ve­hi­cle was seized and the ac­cused was de­tained.”

Solic­i­tor McGeechan ar­gued: “There is an un­for­tu­nate set of cir­cum­stances be­hind this, which he re­grets.

“He’s def­i­nitely hav­ing trou­ble grasp­ing the con­cept of what dis­qual­i­fied driver means.

“When he lived in Aus­tralia he sat a test over there, and didn’t re­alise that his ban would still ap­ply here when he moved back.

“He has taken him­self to the brink of prison – and knows this.

“The re­port ad­dresses his phys­i­cal dif­fi­cul­ties and in­di­cates a re­stric­tion of lib­erty may help him.”

Sher­iff O’Car­roll ruled: “Prison is the only sen­tence for you as you have four pre­vi­ous con­vic­tions for this.

“You’ll spend 15 weeks in jail and I have dis­counted this from 20 due to your plea.

“You’ll be dis­qual­i­fied from driv­ing for five years and must sit the ex­tended test be­fore you are able to get your li­cence back.”

Vi­o­lent ram­page

An Air­drie man who ram­paged his way through the town cen­tre has been told to carry out un­paid work.

Alek­san­drs Mick­e­vics, 32, pleaded guilty to con­duct­ing a bizarre episode in broad day­light on Gra­ham Street ear­lier this year, dur­ing which he picked up a ran­dom woman in the street be­fore fall­ing back­wards with her in his arms.

The Calder­glen Court res­i­dent also kicked ad­ver­tis­ing boards, shouted at mem­bers of the pub­lic and tried to smash a win­dow with a pair of pli­ers on Jan­uary 14.

He’ll now carry out 120 hours of un­paid work for his ac­tions.

The procu­ra­tor fis­cal read: “The ac­cused was heav­ily in­tox­i­cated and started scream­ing and shout­ing at the road­side.

“He ar­rived at the main lo­cus, Costa Cof­fee, in pos­ses­sion of pli­ers and used them to bang the ta­ble out­side.

“He also smashed an ash tray and swung the weapon around his head.

“Po­lice were called and they traced him a short dis­tance away.

“He was searched and ar­rested after the pli­ers were found.”

Mick­e­vics’ solic­i­tor, John McGeechan, agreed after Sher­iff Derek O’Car­roll said he “wasn’t con­sid­er­ing a cus­to­dial sen­tence” upon hear­ing the fis­cal’s nar­ra­tion.

Sher­iff O’Car­roll went on to say: “I will im­pose a com­mu­nity pay­back or­der with one com­po­nent.

“That is 120 hours of un­paid work which must be com­pleted in the next six months.”

Stalker pun­ished

A Coat­bridge woman who sub­jected four peo­ple to a cam­paign of ter­ror and abuse has avoided jail.

Va­lerie Nis­bet, 48, will carry out 100 hours and re­main un­der su­per­vi­sion for two years due to her dis­grace­ful be­hav­iour which took place dur­ing a two-week pe­riod last sum­mer.

Nis­bet, of Academy Street, ad­mit­ted the charges as well as one re­lat­ing to the abuse and as­sault of her ex-part­ner in Novem­ber.

She tar­geted and alarmed res­i­dents on three lo­cal streets, in­clud­ing Kirk­wood Place, Tor­ri­don Street and Bank Street.

She also acted-up at Clad­dan View in Glen­mavis.

Some of her mis­de­meanours in­cluded re­peat­edly play­ing loud mu­sic out­side homes and sound­ing her car horn, throw­ing rub­bish at prop­er­ties, leav­ing un­wanted gifts, throw­ing eggs at homes, smoth­er­ing cars with news­pa­pers and milk and post­ing eggs through let­ter­boxes.

After be­ing bailed un­der spe­cial con­di­tions last year in re­la­tion to her bul­ly­ing, Nis­bet then vis­ited one of her vic­tims at their work­place in Chapel­hall in Oc­to­ber.

Less than a month later, she as­saulted her for­mer part­ner when she fol­lowed him to his Kirk Street home be­fore lash­ing out and steal­ing his glasses.

Sher­iff Derek O’Car­roll said: “I am sat­is­fied I can deal with this by way of an al­ter­na­tive to cus­tody.

“You will carry out 100 hours of un­paid work which I have re­duced from 120.

“I am also plac­ing you un­der a non­har­ras­ment or­der for two years.”

Prison is the only sen­tence for you as you have four pre­vi­ous con­vic­tions for this

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