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Sentencing – Road traffic offences – Forfeiture. Sheriff Appeal Court: Refusing an appeal by an appellant who pled guilty to driving with excess alcohol and a further offence of failure to provide a specimen committed 9 days later, and who was fined a total of £1,950, disqualified for 3 years and whose car (valued at £15,000) was ordered to be forfeited, the court held that when the level of the reading relating to the drink driving offence (nearly three times over the limit) was taken along with repeat offending a matter of days later, all against the background of the appellant's subsequent 'cavalier' attitude to his offending, it was entirely legitimate for the sheriff to consider a forfeiture order, and the overall disposal could not be described as excessive on the facts and circumstances presented to her.
Sentencing – Road traffic offences – Forfeiture. Sheriff Appeal Court: Refusing an appeal by an appellant who pled guilty to driving with excess alcohol and a further offence of failure to provide a specimen committed 9 days later, and who was fined a total of £1,950, disqualified for 3 years and whose car (valued at £15,000) was ordered to be forfeited, the court held that when the level of the reading relating to the drink driving offence (nearly three times over the limit) was taken along with repeat offending a matter of days later, all against the background of the appellant's subsequent 'cavalier' attitude to his offending, it was entirely legitimate for the sheriff to consider a forfeiture order, and the overall disposal could not be described as excessive on the facts and circumstances presented to her.
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