A repeat offender caught driving while disqualified claimed he got behind the wheel because his partner had a Covid coughing fit on the way to a testing centre.
Kyle Tomlinson was stopped by police after they spotted him undertaking other cars on Auchmill Road in Bucksburn.
And when they pulled the 36-year-old over they found he was actually banned from the roads for another six months after being handed a two-year disqualification in December 2019.
The man, who had been disqualified a number of times before and flouted those bans more than once, then claimed he’d only been driving because his passengers were ill with coronavirus.
‘Unusual situation’
His defence agent Shane Campbell told Aberdeen Sheriff Court that the incident, at around 3pm on June 21 last year, was a “rather unusual” situation.
“His position is that his partner, the owner of the vehicle, owns a full driving licence,” the solicitor said.
“She had been exhibiting symptoms of Covid at the time as had her young son.
“Their intention was to drive to a Covid testing centre at Dyce in order to ascertain whether they were in fact positive.
“They set off with his partner driving the car but at some point during the course of the journey, she began exhibiting quite severe Covid symptoms.
“She had been hospitalised with Covid before and was still suffering some of the symptoms of long Covid.
“She began coughing and struggling with her breathing so naturally, they pulled over and at that point made the decision that her partner should drive the remainder of the way to the test centre.
“The car was stopped not far away from the test centre.
“He has a number of analogous convictions but taking into account the rather unusual circumstances I would advise your lordship to deal with matters by way of a direct alternative to custody.”
Tomlinson admitted driving without a licence and insurance.
Punishment might seem ‘lenient’
Sheriff Andrew Miller told him: “The particular difficulty here is your record which includes a number of convictions for driving while disqualified and other driving offences.
“On the other hand, I accept there are unusual circumstances here.
“I can justify dealing with your case in a way which might otherwise seem rather lenient in view of your record.”
He handed Tomlinson, of Broomhill Close, Kingseat, an 18-month roads ban, a 12-month supervision order and 120 hours of unpaid work.
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