Judges refuses to confiscate drink-drivers' Mercedes because it cost so much She said: "The whole purpose of the forfeiture scheme is to act as a great deterrent to drivers who endanger and devastate lives by driving while under the influence of drink. To take into account the value of a drink driver's car places greater value on the vehicle than on the potential consequences of a driver's actions. It also creates a two-tier system whereby those who can afford expensive vehicles are protected from the law. Under an initiative announced last year, first-time drink-drivers who were at least three times the legal limit could have their vehicles confiscated and sold off. More than 150 vehicles have been forfeited. Murphy, 48, of Cunningsburgh in Shetland, had admitted being drunk in charge of the five-litre sports car, which had a top speed of 155mph. He was caught outside the Atholl Palace Hotel in Pitlochry, Perthshire on 30 July this year. The businessman had booked into the hotel for a two-day binge drinking session and the Crown sought forfeiture of his car to protect the public. But Paul Ralph, defending, said: "There is sufficient evidence, given the value of the vehicle, that the punitive weight involved in forfeiting the vehicle would outweigh what one would normally consider by way of a financial penalty." He told the court that the car was now worth in the region of £9,000 and was used by Murphy, his wife and two colleagues. Sheriff McCreadie agreed that "in all the circumstances" the Crown's motion for forfeiture should be refused and the optician was allowed to keep the sports car. This car was purchased for £25,000. It is a Mercedes SL500 and the fact that it is a car with a particularly high value may be relevant," he said. It may be that because the car has a particularly high value it would be disproportionate to forfeit it. Murphy was banned from driving for 18 months and placed on community payback for nine months with a condition to get alcohol counselling. He was not fined.