Clydebank Post | News | Banned driver: ‘I did not hear sentence'

Friday, 4th July, 2008

Published: Wednesday, 20th February, 2008 10:00

Banned driver: ‘I did not hear sentence'

By Court Reporter

A DOZY motorist — caught driving whilst disqualified — claims he did not know he was banned because he never heard the sheriff impose the order.

Charles Sweeney said poor acoustics in the court room meant he did not hear the sentence and thought he could drive.

Just 10 days later cops found the 22-year-old behind the wheel, Dumbarton Sheriff Court heard.

Gillian Climie, fiscal depute, told the court that Sweeney was seen in his Volkswagon car just after 9am.

She said: “Police officers recognised [Sweeney] and suspected that he was disqualified.”

Ms Climie said he was pulled over at Mountblow Road, Clydebank, on December 17, last year.

However, Sweeney’s lawyer, Phil Lafferty, said his client did not believe he was in the wrong but later admitted his error and pled guilty to the offence and driving without insurance.

Mr Lafferty told the court that the breakdown of Sweeney’s relationship and “confusion” had led to the error.

He said: “He did say to me he had found the acoustics from the microphone [in the court] not very clear.

“But he also says that because of the break-up of the relationship he was not getting all the mail I had sent him.

“I know I sent him two letters about the interim disqualification and final disqualification.

“I have advised him he can expect the worst in a case like this.”

Sheriff William Dunlop told Sweeney he could not accept what part of a sheriff saying “you’re disqualified” he did not understand.

When sentencing, Sheriff Dunlop warned Sweeney.

He said: “One — can you hear me?

“Two — are you listening? If you do this again you’re going to jail. Do you understand that?”

He ordered Sweeney, whose address was given in court as 48/4 Durban Avenue, Dalmuir, to complete 150 hours of unpaid work and disqualified him from driving for two years.

Sheriff Dunlop admonished him on the driving without insurance charge and banned him for 12 months.

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