Drink-driver has disqualification overturned

Lerwick Sheriff Court.

A drink-driver who caused serious injuries to three people after a head-on collision has had his disqualification overturned.

Twenty-six-year old Allan Prosser, from Nairn, hit a taxi with three people in it on the night of 5th August 2017, causing serious injuries to the driver, his 12-year-old passenger and her mother.

Prosser had 120 milligrams of alcohol in 100ml of blood when breathalysed four hours after the crash, over the then limit of 50mg.

He had also taken the car without the driver’s consent, and driven without insurance.

Prosser was banned for a period of four years and nine months in November 2018, and appealed in May 2021 to overturn the disqualification – which was denied.

However, at Lerwick Sheriff Court today [Wednesday], Sheriff Ian Cruickshank agreed to end the disqualification – although Prosser will have to sit an extended test of competency.

Prosser told the court that he needed his licence for his current employment, with his partner unable to drive him after having a baby and one of his parents suffering from ill health.

He also provided the sheriff with copies of bus timetables, which he said showed he was unable to make it to his work in time.

Prosser said his employers had been “very lenient” with him, but that the disqualification was having an adverse effect on his work.

Procurator fiscal Duncan MacKenzie said Prosser’s crash had been a “serious incident”, which had resulted in “life-changing injuries” to his victims.

Mr MacKenzie said he felt the “inconvenience” to Prosser’s day-to-day life was not a reason to overturn the disqualification.

But Sheriff Cruickshank said Prosser had now served three years and nine months of his ban, and that he had “provided good reason as to why the licence should be restored”.

Prosser’s disqualification was ended, but he will have to pass the extended test of competency before returning to the road.