Crieff drink driver given chance to avoid jail

Feb 19 2010 Strathearn Herald

A CRIEFF offshore worker was given the chance this week to pursue his lifetime ambition to join the Merchant Navy after appearing in the dock on his third drink/driving-related offence.

But if he fails to get accepted on a college course, 23-year-old Michael MacIver, of Burrell Square, was told he faces a jail term – and a lengthy driving ban.

He failed to provide two breath specimens after being stopped by police in Muthill in the early hours of the morning.

And it was later discovered he was a disqualified driver and had no insurance.

Depute fiscal Lucy Keane said police were carrying out checks on October 25 last year and decided to stop his car about 4am.

“He was obviously under the influence of alcohol and made no real attempt to provide a roadside breath specimen.

“He was warned and continued to make no effort,” she added.

A solicitor for the accused said he had been at a local pub with his girlfriend and had consumed a “couple of beers.”

He returned to her house, where he had more alcohol, but didn’t think he was unfit to drive.

A friend of the accused, who is partially sighted and registered blind, said he had to go and meet someone – and would travel on foot if necessary.

“The accused obtained the keys from his girlfriend and made the very stupid decision to drive him there,” added the lawyer.

“The utmost though in his mind was the safety of his friend.”

Because of his history, he simply “panicked” when he was asked to provide the breath specimens.

“He is under no illusions that he faces a custodial sentence but that would– have a dramatic effect on him.”

It has been his “lifetime ambition” to join the Merchant Navy and he had been offered a cadet course at college, subject to background checks.

Sheriff Robert McCreadie noted that the accused had previous convictions in 2005 and 2008 for drink/driving and added: “The obvious disposal I am minded to carry through is a custodial one.”

But he added: “I am very conscious I have the power to effectively destroy this man’s life.”

He agreed to defer sentence until March 23 to enable him to produce documentary proof that he had been accepted for the course, its length, start date and the college concerned.

“That’s the only thing that would stop me from imposing a custodial sentence.”

Warning MacIver to be of good behaviour until then, the Sheriff told him he faced disqualification for “a very, very long period.”