Driving ban for 20-year-old who refused to give breath sample

A young driver who refused to provide breath samples for police has been banned from the road for 14 months and fined £500.

Joseph Fraser, 20, of Tresta spent much of the weekend in custody after officers pulled him in from the Lerwick to Brae road at Tingwall.

Appearing before sheriff Philip Mann today Fraser admitted failing to provide two specimens of breath at the Lerwick police station.

Lerwick Sheriff Court was told police had received a call concerning a stationary car at the Tingwall straights.

When they attended they found Fraser trying to start the vehicle.

He failed the roadside screening test and was arrested before being taken back to the station.

But once there he said he would not provide the samples until he had spoken either to his parents or a solicitor.

The court heard Fraser – a student in Edinburgh – had found himself in an unusual situation and was unsure of what his rights were.

“He made a wrong decision in terms of providing the specimen, but he has not avoided justice because he has put himself in the situation he is in now,” defence agent Tommy Allan told the court.

He added Fraser had spent the weekend in custody, which gave him “ample opportunity to consider the stupidity of what he did”.

“He said he was just glad that nobody was hurt. He knows what he did was stupid and this has come as a severe lesson for him.

“For someone who has not been in any trouble before, to have to spend the weekend in the cells is no picnic, I am sure.”

Fraser will be given a three month discount on his ban if he completes the drink drivers’ rehabilitation course.


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