A convicted drug-driver will be allowed to suspend his stay-at-home electronic tag each night so he can step outside for a smoke – because his mum won’t let him light up in the house.
Part of Greig Dackers’ sentence for his offending is a ten-week restriction of liberty order – meaning he must stay indoors between 7pm and 7am each day.
It is not due to expire until June 1.
However, Dunfermline Sheriff Court heard the desperate nicotine addict cannot cope without a night-time cigarette.
Defence lawyer Calum Harris told the court Dackers’ mother, with whom he lives, does not want him smoking inside.
Mr Harris said his client, of Lochgelly’s North Street, is “happy” to stand at the back door to smoke but that would set off his tag, alerting the authorities he is outside the address.
He applied to vary the restriction of liberty order so it extends to the back of the garden.
15-minute suspension
Sheriff Robert More said an email from G4S, which provides the technology for curfew monitoring, suggested the firm could suspend the monitoring equipment for a period of 15 minutes to allow access, for instance, to the garden to check on a pet.
Dackers was granted a 15-minute suspension from 9pm to 9.15pm each night for his smoke break.
Sheriff More told Dackers: “In view of of the application and terms of the email from G4S, I will vary the order to the effect it will be suspended each night between 9pm and 9:15pm but otherwise the restriction continues.
“Don’t take a chance on it because these things are quite sensitive.”
‘I’ve smoked loads today’
25-year-old Dackers previously admitted driving dangerously by speeding on Lochgelly‘s Paul Street and Erskine Street on October 11, 2020, as well as driving while being unfit to drive through drink or drugs.
He told pursuing police after crashing into another vehicle: “I’m sorry, I have no licence – I have smoked loads today.”
In March, he was sentenced to a 32-month driving ban and told to complete 215 hours of unpaid work on top of having his hours of freedom curtailed for ten weeks.