A drink-driver who was already banned from the roads has found himself back in the dock after he “forgot” he was disqualified and crashed his BMW.
Former commercial diver Kenneth Johnson appeared at Aberdeen Sheriff Court where he admitted smashing through a fence and crashing into a field near Westhill in February of this year.
The 69-year-old had been banned only weeks before after he was found guilty of drink-driving.
Johnson claimed that he had forgotten that he couldn’t drive, so he took his car to a local shop.
Sheriff Joseph Platt voiced his “scepticism” about Johnson’s explanation.
BMW found in field
Fiscal depute Rebecca Coakley told the court Johnson’s white BMW was discovered having crashed through a fence and into a trough at Muir Old Farm in Westhill around noon on February 9.
The owner of the land was alerted to the incident and found the BMW in his field – but with Johnson nowhere to be seen.
Police were notified and checks revealed the car was registered to Johnson and that he was disqualified.
Officers traced Johnson within his home, where he admitted that he’d been driving.
He told them: “I was driving, I hit some mud on the road and I just spun.”
The court heard the damage caused to the fence and the trough was valued at £600.
Johnson, of The Courtyard, Elrick, pled guilty to driving while disqualified and failing to report an accident.
A ‘degree of scepticism’
Defence solicitor Ian Woodward-Nutt told the court that the incident arose between the period when his client had been handed an interim disqualification after a trial and his subsequent sentencing.
“On the day in question, Mr Johnson was at home and realised that he required to pick up some groceries,” Mr Woodward-Nutt said.
“He absent-mindedly picked up his keys and he tells me he did that forgetting he couldn’t drive.
“I appreciate that the court will have concerns about that explanation but that is what he has told me.”
On Johnson leaving the scene of the accident, Mr Woodward-Nutt told the court that his client “did not know there was an obligation to report the matter to police”, adding that Johnson had financially settled the damage he caused with the farmer.
“He understands that his ignorance of the law is not a defence,” the solicitor added.
Sentencing Johnson, Sheriff Platt told him that he had a “degree of scepticism” regarding his explanation of the incident.
He added: “This is a serious matter, and I considered custody, but given your record and your age I do not consider it appropriate.”
Sheriff Platt fined Johnston, of Elrick, Westhill, a total of £1,040 and disqualified him from driving for 12 months.
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