Driver banned for 99 years
Published 27 May 2011 08:15
16 Comments
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A SHERIFF hit out at the Scottish Government for stopping him handing down a much tougher jail term to a Kelty driver who has been banned for 99 years.
It was the 15th driving conviction for Andrew Winsborough (42), of 179 Station Road, and Sheriff Lindsay Foulis said he wanted to lock him up for much longer than he was able to.
A "wholly inadequate" 10-month prison sentence - as well as a lifetime driving ban - was handed down at Perth Sheriff Court to a man "who has not been able to drive legally for 22 years".
Sheriff Foulis criticised the politicians who have limited the maximum jail term for a banned driving offence to 12 months.
And he told Winsborough, "You can count yourself lucky that the appropriate Government hasn't seen fit to increase the maximum sentence for driving while disqualified.
"With your record, the maximum sentence of 12 months seems wholly inadequate.
"You have 15 convictions now for driving while disqualified. You have not been able to drive legally since 1989."
Winsborough appeared from custody and pled guilty at the first opportunity.
The sheriff told him that would normally merit a three-month discount from the maximum sentence.
However, he knocked just two months off and told the accused that the circumstances of the offence meant that his conviction would have been inevitable even if he had gone to trial.
Winsborough admitted driving while disqualified on the A822 Dunkeld to Amulree road on 12th May this year. He also admitted having no insurance.
The court was told that Winsborough had been earning £600 a week driving a digger and had been caught driving home from work.
Police stopped him for a routine check and found that he was already banned from driving.
Solicitor Louisa Wade, defending, said her client had been working on a site near Aberfeldy and was asked to stay late at work three weeks into his new job.
She said he was afraid to tell his "strict" bosses about his existing driving bans, so he decided to take the risk to drive 60 miles home in his friend's car.
Ms Wade said Winsborough had only travelled around three miles when he was pulled over by the police and believed he must have been reported by a work colleague.
She asked the court to limit the ban on Winsborough as an "incentive" for him to behave in future but was told by Sheriff Foulis her client was in "no position to lay down conditions."
The sheriff said, "He is now coming up for 43 and has been disqualified since just before his 21st birthday.
"He has not been able to legally drive for 22 years.
"On 14 previous occasions he hasn't complied with that.
"We are talking about someone driving 60-plus miles from Aberfeldy to Kelty.
"That is not a particularly safe option for other road users. Wake up and smell the coffee, Mr Winsborough."
Winsborough's record shows he was banned for nine years in 1989, five years in 1991, three years in 1993, 10 years in 1994, seven years in 1995, 13 years in 1997, 24 years in 2000, 10 years in 2002, 10 years in 2005, three years in 2006, three years in 2007, and two years in 2009.
Have your say. Post a comment on this article.
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Paddy O Doors
Unregistered User
May 27, 13:14
Report commentSolution to the problem, cut his eyes out.
Try and drive now Mr Winsborough.
A little barbaric I hear you say.
No more than if he killed someone whilst being banned, with the family having no chance of recompense.
You don't get banned for that length of time for being a fantastic driver!
Recommend?
Yes 19
No 5
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Ben Dover
Unregistered User
May 27, 13:19
Report commentMuppet number 2!
Unfortunately, I very much doubt this jail term will deter him from chancing his luck again.
Recommend? Yes 15
No 1
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jojo
Unregistered User
May 27, 14:29
Report commentThe law is clearly inadequate to deal with with this sort of pondlife and should be amended forthwith. I suggest that if you breach your ban then you spend the rest of the time in jail. That'll stop them driving. Failing that do as Paddy says until a suitable alternative is put in place.
Recommend? Yes 11
No 2
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dizzee
Unregistered User
May 27, 15:31
Report comment -
bb66
Unregistered User
May 28, 10:59
Report commentdumbdown britain addict from kelty
Am not sure what exactly that means, But i think your a tad dumb for writing it!
Recommend? Yes 6
No 3
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bb66
Unregistered User
May 28, 11:02
Report commentSolution to the problem, cut his eyes out.
Try and drive now Mr Winsborough.
A little barbaric I hear you say.
No more than if he killed someone whilst being banned, with the family having no chance of recompense.
So its ok if hes insured he can kill someone? Being compensated is the only thing that matters is it? What a fickle little person u are indeed!!!
Some people need to engage brain before fingers, you being one of them!
Recommend? Yes 4
No 10
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GSM3560
Unregistered User
May 28, 11:16
Report commentExtreme Fanatics some of these comments would not be out of place in North Korea, Burma, Iran, Syria, Zimbabwe, Cuba, Belarus, Uzbekistan, Eritrea and Sudan.
Recommend? Yes 4
No 7
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STD1
Unregistered User
May 28, 15:20
Report commentPray tell GSM3560, do North Korea, Burma, Iran, Syria, Zimbabwe, Cuba, Belarus, Uzbekistan, Eritrea and Sudan have a problem with dangerous drivers driving whilst banned?
Recommend? Yes 6
No 3
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STD2
Unregistered User
May 28, 15:29
Report commentbb66 when you've finished attacking everyone else's comments, maybe you could share your solutions to the problem of stopping cretinous, dangerous, morons who think that they are above the law and persist in their criminal acts with scant regard for the safety and lives of others.
Recommend? Yes 9
No 1
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Fletcher
Unregistered User
May 28, 15:39
Report commentHow can he bleat at the "wholly inadequate" 10 months that he handed out and that he wanted to lock him up for longer, when it was he that knocked 2 months off the ridiculous 12 months maximum in the first place. I think this idiot can be classed as an extreme case and warranted no reduction for pleading guilty. What did he have to lose by pleading guilty, it was academic, he was already banned. Something is seriously wrong in this country with dealing persistent offenders, they play the system better than Hendrix played guitar.
No wonder people have extreme thoughts on how they would like to see these pointless people dealt with.
Recommend? Yes 4
No 1
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marie
Unregistered User
May 29, 17:57
Report commentdo you not need a licence to drive a digger ? maybe the employers should receive a fine also that should deter them from employing under qualified people....
Recommend? Yes 7
No 2
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NotHappyJan
192 posts
May 30, 03:40
Report commentHe should have his hands cut off, end off. Then he would not be able to drive. He is taking the mick and he will return behind the wheel, he has nothing to lose.
This is so inadequate and he will end up killing somebody! Its ridiculous.
Recommend? Yes 4
No 4
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Paddy O Doors
Unregistered User
May 30, 13:16
Report commentbb66:
And what would your hippie viewpoint on this subject be?
Is society's fault for not allowing him to work man, the pressures he's under man, he's needs to drive man to fend for himself.
I assume if you get seriously injured by an uninsured driver you won't mind not being able to work and therefore pay your mortgage, loans, utilities etc. etc. etc. because these companies won't say that's okay Mr/Mrs bb66 we'll sort it out for you.
No they'll be after the driver and if he's uninsured well things just got a whole lot more complicated than you needed it to be!!!
Get back to your stash (man) and leave the intelligent conversation to the grown ups!
Recommend? Yes 3
No 3
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carefull driver
Unregistered User
May 30, 14:24
Report commentsurely in a case like this, the guys not gonna stop driving illeagally anyway so if hes making £600 a week hit him in the pocket.for his stupidity make him and his family suffer...maybe then he would learn..guilty £3000 fine payable in 10 weekly installments.. miss one jailed and payments start again as soon as your out, maybe a bit harsh but better than him being involved in an accident and the poor sod he hits loosing money due to him not being insured.
Recommend? Yes 1
No 1
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montheducks
Unregistered User
Jun 1, 21:56
Report comment600 HUNNER a week driving diggers! am in the wrang job man! mind you i reckon Neily gets mair than that on the trollies like.
Recommend? Yes 0
No 0
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midge
Unregistered User
Jun 2, 23:39
Report commentjust remove both thumbs and perhaps the idiot will wrap himself round a tree END OFF because he has a ban wont stop him getting into another car perhaps he could invite the sheriff and some politicians to go for a jaunt while he is at it
Recommend? Yes 0
No 0
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******
Apr 28, 20:20
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