Sheriff rules drink driver can keep van

A landscape gardener convicted of drink-driving offences fought off a bid to have his £15,000 works van confiscated.

Richard Hamilton had spent three months in prison and a sheriff ruled also losing the vehicle would be excessive.

Hamilton, 31, of Ness Gardens, Larkhall, appeared from custody at Hamilton Sheriff Court this week.

He admitted driving carelessly in Glasgow Road, Blantyre, on July 22.

He also admitted driving while disqualified and while unfit through drink or drugs.

The court heard his car hit a stationary vehicle at a junction, causing it to veer across the road on to the footpath.

Hamilton was also appearing for sentence on earlier offences involving drink-driving and assaulting police officers. He also has a 2012 conviction related to drink-driving.

Defence agent Diarmid Bruce said the dad-of-two had run his own landscaping business for five years, but added: “He has had a problem with alcohol and mental health issues. Matters were exacerbated during the Covid lockdowns.”

The Crown had seized Hamilton’s van and wanted it confiscated because of his drink-driving record.

Mr Bruce urged Sheriff Andrew Mcintyre to reject the request, saying: “My client is not a man of great means. The van is paid for and its loss would have a significant impact on him making a future for himself.”

Sheriff Mcintyre told Hamilton: “This was shocking conduct and I have great concern that, in relation to drink-driving, you are not getting the message.

“You put people at real risk and it’s fortunate the consequences were not graver. However, I consider forfeiture of the van would be disproportionate in view of its value and the time you have spent in custody.”

Hamilton was placed under supervision for 18 months and must carry out 140 hours of unpaid work.

He will be electronically tagged for 23 weeks and banned from driving for 43 months, but this will be cut to 33 months if he completes a rehabilitation course.