Jail for banned drink driver

A man was jailed for 10 months this week on charges which included driving on the A85 near Crianlarich while disqualified.

David Newlands had admitted driving while disqualified on the A85 by Portnellan, driving without insurance, and failing to provide two specimens of breath for analysis, on June 23.

At Stirling Sheriff Court on Wednesday fiscal depute Ashley Smith told Sheriff William Gilchrist Newlands had gone into the Londis shop in Crianlarich to buy alcohol that day. He went outside the shop and returned with his wallet to make the purchase. Newlands, according to a witness, was smelling strongly of beer.

When he left the store he looked unsteady on his feet and under the influence of alcohol. Newlands had been seen by another witness and police were contacted.

Officers arrived at a layby on the A85 where a car was parked. On approaching the vehicle they saw the accused in the front seat and a woman in the passenger seat. Music was playing on the radio and the keys were in the ignition. They asked Newlands to step out of the car. When he did so they noted he was bare chested and not wearing any shoes. He was asked for his details but refused and became defensive, said Ms Smith.

Newlands then refused several times to provide a breath sample. When cautioned and charged he made no reply. He was taken to Falkirk Police Office where he was found to have had no insurance, and to have been disqualified from driving for four years – from July 24, 2017 to August 20, 2021.

The woman in the passenger seat, named Sloan, the vehicle’s registered keeper, was the only name mentioned on the insurance policy.

Newlands’ agent Virgil Crawford told Sheriff William Gilchrist that his client recognised the offences would attract a custodial sentence.

However, he asked that a community payback order as a direct alternative to custody be imposed. He drove the car at the invitation of Ms Sloan which Newlands should have declined, said Mr Crawford.

Thirty-nine-year-old Newlands, of Glasgow, had difficulties with alcohol all his adult life – binge drinking in particular.

The offences had occurred against the background of Newlands having fallen out with his long-term partner. He knew Ms Sloan and they had decided to go camping that weekend.

Newlands was currently attending a social care course at Anniesland College in Glasgow and work placement. He is also back with his long-term partner, said Mr Crawford.

As a father of two children, Newlands was concerned about the possibility of a custodial sentence and the impact this would have on his college placement and family life.

There were no other matters outstanding, the lawyer added.

Sheriff Gilchrist however said that since Newlands had been driving while disqualified under the influence of alcohol and had failed to provide breath specimens a custodial sentence was inevitable.

He sentenced him to five months each on the charges of driving while disqualified and failing to provide breath specimens, to run consecutively. He was also banned from driving for five years.

Newlands was admonished on the driving without insurance charge and his licence endorsed.