Death crash driver back in prison after drink driving

Published 7 Oct 2009 17:05

A KILLER motorist who was caught drink driving again after his early release from jail has been ordered to serve 560 days in custody.

David Baird, of Alexandra Street, Devonside, was originally sentenced to five years' detention in 2006 after causing a fatal crash when he defied a court curfew order as an underage drink driver.

But he was freed earlier this year only to be caught driving while over the limit again within weeks of his release.

He was brought back before the judge who originally sentenced him to consider whether an order should be made returning him to jail to serve a part of the remainder of the five-year term.

Lord Wheatley told Baird (20) at the High Court in Edinburgh, "This is an extremely serious matter. The charges with which I am currently concerned resulted in someone's death as a result of your behaviour.

"You have now committed the same kind of offences, but fortunately there was no opportunity for someone else to be injured."

Lord Wheatley added, "I regard this as one of those rare cases where there is, in my view, no alternative but to send you back to serve the remaining portion of your sentence."

Baird was aged 16 when he committed the original offences on 26 November in 2005.

He lost control of a car on the A820 road near Doune, in Perthshire, after he took his eyes off the road to get a light for a cigarette.

The car he was driving illegally spun before going up an embankment and landing on its roof.

The front seat passenger, Michael Martin (40) was thrown from the vehicle and died instantly after suffering crushing injuries to his chest.

Baird estimated that he had drunk about a bottle of Buckfast wine and some vodka before the crash.

He later admitted careless driving while under the influence of alcohol resulting in Mr Martin being so severely injured that he died. He also admitted driving without insurance and while not of an age to hold a licence.

The youth also pled guilty to breaching curfew conditions attached to a court bail order at the time of the offences.

Baird and Mr Martin had been at a house in Callander when the older man began feeling ill and realised he did not have his medication with him.

He said he needed to return home to Stirling and Baird offered to drive him despite his earlier drinking. It was calculated he was almost three times the legal drink drive limit at the time of the fatal crash.

Lord Wheatley told Baird at the time of his original court appearance, "You have pled guilty to killing Mr Martin through your stupidity and drunken carelessness."

As well as sentencing Baird to detention he also banned him from driving for seven years.

Defence counsel Matt Jackson told the judge last Tuesday the unexpired part of Baird's sentence ran to 560 days following his early release on license from the five-year term earlier this year.

He said Baird offended again about seven weeks after being freed and has now admitted driving while disqualified, without insurance and drink driving.

Baird committed the offences on 15 May at Glynwed Court, in Falkirk, and has since appeared at the town's sheriff court. He admitted driving with 111 micrograms of alcohol in 100 millilitres of breath. The legal limit is 35.

Mr Jackson told Lord Wheatley that it was of concern that such a short period had elapsed before Baird committed similar offences.

"He accepts he did this because he had been drinking. That is the explanation rather than any form of excuse," he said.

The defence counsel said the latest crimes were committed after Baird asked someone to drive for him, but they had refused.

"The vehicle got a matter of yards before a neighbour realised what was going on and came out and challenged him. That was enough for him to stop. At that stage he came to his senses," said Mr Jackson.

Baird is due to be sentenced for the new offences later this week at Falkirk Sheriff Court.

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