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Moray driver gets to keep car after ignoring ban to get behind the wheel

Walter Rose leaving Elgin Sheriff Court after pleading guilty to driving while disqualified.
Walter Rose leaving Elgin Sheriff Court after pleading guilty to driving while disqualified.

A motorist who ignored a driving ban to get behind the wheel again has been allowed to keep his car.

Prosecutors yesterday pressed for Forres resident Walter Rose’s vehicle to be seized to stop him offending again.

The 66-year-old was caught in the driver’s seat on St Catherine’s Road in his hometown on July 29.

The retired joiner was banned from driving for a year in April after being detected at nearly double the drink-drive limit at 4pm on January 15.

This followed a birthday celebration with his wife from the previous day which lasted until the early morning.

Defence solicitor Iain Maltman explained his client had made no excuses for making the decision to ignore the disqualification.

He said: “The real issue is that these offences follow very shortly after he was disqualified for another matter in April.

“He has been very candid about his reason for driving. He took the chance to drive a short distance in the full knowledge that he was disqualified.”

Fiscal Ross Carvel made a bid for Rose’s car to be permanently forfeited after police seized it in the immediate aftermath of the offence.

But, while he was in the dock at Elgin Sheriff Court, it emerged he was still making payments on the car, owned by Barclays Finance – with £3,000 of outstanding payments remaining on the 60-month lease.

Sheriff William Taylor told Rose he could have been persuaded to order the car to be confiscated as a result of his actions.

He said: “Ordinarily, if an individual disregards the sentence of the court and there is a motion to forfeit the car, then that is given very serious consideration.

“In this instance, you decided to drive after being told you can’t until the disqualification is over. I’m not going to ask you to forfeit the vehicle, but I very nearly did.”

Rose, of 17 Twinning Link in Forres, was given a three-year driving ban after admitting driving a car while disqualified from holding a licence and for not having any insurance for the vehicle.

He was also fined £300.