Director was five times legal limit
Dirver was on a lifetime driving ban
A company director, already subject to a lifetime driving ban, was caught behind the wheel of a Jaguar XF on the ‘killer’ A9 while almost five times over the legal booze limit.
Perth Sheriff Court was told it was Derek Hughes’ fifth conviction for contravening the drink/driving legislation and his second for driving while disqualified.
And it prompted Sheriff Lindsay Foulis to question whether the maximum 12-month jail term open to him was adequate.
The accused, who runs a consultancy business, was jailed for a total of 10 months and was ordered to re-sit - and pass - the extended driving test before he can drive again.
But the sheriff refrained from ordering the sportbrake automatic car, said to be worth £24,000, to be forfeited.
“It seems to me to grant that motion might deprive two persons of their livelihood.
“They should not be penalised for your criminal behaviour,” explained Sheriff Foulis.
The 55-year-old admitted driving on the A9, at Ballinluig, on February 17 this year with 101 microgrammes of alcohol on his breath.
The maximum allowed is 22 microgrammes.
He also used the vehicle without insurance, failed to provide police with his personal details and drove while banned.
Solicitor Mike Tavendale said: “He appreciates he won’t be driving for a considerable period of time.”
The lawyer, however, pointed out there were alternatives to time behind bars.
He had assets and could pay a hefty fine, which he conceded would be “unusual,” or could undertake unpaid work.
But Sheriff Foulis told Hughes: “In my view, having regard to your record, a custodial sentence is inevitable.”
He added: “Perhaps the legislature in Westminster could look at whether the present maximum sentence available for driving while disqualified is actually adequate.”
Describing it as “an extremely serious offence,” the sheriff noted he could only be jailed for 12 months - and because he had pled guilty at the first opportunity, that needed to be discounted “to an extent.”
He added: “I say it’s a serious offence because (a) you were driving in the face of a ban imposed a few years ago and (b) you were also driving with almost five times over the legal limit.
“One can reasonably infer that when you set out on your journey south, the amount of alcohol in your system was higher than when your results were analysed at Perth Police Office.
“It’s perfectly clear the nature of the hazard you constituted
The A9 near where Hughes was stopped when you travelled down the A9 at 5pm on February 17.
“Aside from anything else, it would be getting dark, if not dark.
“The A9 is also a major trunk road from the central belt up north.”
Hughes, of Bispham Avenue, Farington, Lancashire, was jailed for four months on the drink/driving charge and had a further six months added for driving while under the life ban.
Although he was under a life ban, the sheriff acknowledged that he could apply to have his licence restored after five years so ordered him to re-sit a test before he can get back behind the wheel.
The accused was admonished on the other two offences.
The A9 has been dubbed “Scotland’s most dangerous road” and has been the scene of many fatalities although that has been cut following the installation of new average speed cameras in October, 2014.
Aside from anything else, it would be getting dark, if not dark