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This is the appeal of Leslie Lyndon Cartmill who was convicted of a contravention of section 5(1)(b) of the Road Traffic Act.
It was agreed by joint minute that by 12 noon on the Sunday the proportion of alcohol in the appellant's breath would no longer exceed the prescribed limit for driving.
What the Sheriff says is that there was a distinct possibility that when he wakened he would have felt it appropriate to drive to his own home or elsewhere. Mr Shead submitted that that was speculation rather than inference bearing in mind that there was no idea how long he would continue to sleep for and that normally he would not drive the car until 2.00pm.
We are satisfied that there was material before the Sheriff which would justify him in coming to the conclusion that the appellant failed to make out the statutory defence. In these circumstances we are satisfied that the Sheriff was entitled to convict.
The matter of sentence was also raised by Mr Shead. He said that the appellant was a self-employed builder and his licence was important to him. He served two months' disqualification before the disqualification was suspended pending the appeal. He only has one conviction some time ago and that was for speeding.
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