Disqualified driver who took girlfriend’s car while over the limit evades prison

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A disqualified driver who took his girlfriend’s car while he was over the drink driving limit has been spared a prison sentence.

Instead Calum Jarmson, 34, of Hazelbank, Dunrossness, was banned from getting behind the wheel for four years and ordered to carry out 200 hours of unpaid work.

Jarmson was also fined £600 when he appeared at Lerwick Sheriff Court.  

Sentence had previously been deferred for reports after he admitted taking a car without consent and driving with 41 microgrammes of alcohol in his system – the legal limit is 35 microgrammes.

He also tried to pervert the course of justice by giving the police false details.

The offences took place on 7th April between his home address and various places in Lerwick.

Jarmson had previously been banned for four years in 2009.

The court heard Jarmson’s girlfriend alerted the police at 1.20am after becoming concerned about his condition and the fact that he was driving.

Procurator fiscal Duncan MacKenzie said police then started a search for Jarmson.

He said it did not take “a significant amount of time” for them to find him, and he was in police custody by 2.30am, where he then stayed for two nights.

Mr MacKenzie said Jarmson briefly put up a pretence that he was someone else but, fully co-operated after he was caught out.

Defence agent Tommy Allan said the pretence did not last any length of time.

He said Jarmson had been open and honest in his dealings with social workers who compiled a report.

Mr Allan added Jarmson was normally a “hard working man” who was doing what he could to provide for him and his partner.

“The issue, I suspect, is where he is going to be as of today.”

He urged Sheriff Philip Mann to spare him from a custodial sentence, not least so he could progress with his new business.

Sheriff Mann said Jarmson had “a very serious catalogue of offending”.  

“This is a very serious matter and upper-most in any sheriff’s mind must be a custodial sentence for this type of offence.”

Jarmson can reduce his ban by one year if he completes the drink driving rehabilitation course.

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