A Moray motorist caught more than five times the alcohol limit behind the wheel has been allowed to keep his licence.
Police found Tomasz Jasek, from Buckie, in the driver’s seat of his Subaru after being called to the town’s St Andrews Court.
However, yesterday the 41-year-old was allowed to keep his licence when he appeared at Elgin Sheriff Court after his solicitor argued it was “impossible” to drive the car.
Jasek pleaded guilty to being drunk while being in charge of a vehicle – but Matthew O’Neill explained the suspension on his client’s car had been removed pending repairs.
Fiscal Ross Carvel explained police found the motorist in the driver’s seat of the car with the engine running shortly before 11pm on July 12.
Mr O’Neill said: “It’s an unfortunate situation. Mr Jasek had no intention of driving the vehicle, which was actually not capable to be driven at the time.
“He had gone out to the vehicle, essentially to keep the engine carrying over, which he had done from time-to-time. He was not able to take the vehicle anywhere but so far as the case is concerned it is sufficient to be in charge of it – it’s an unusual situation.”
Mr Carvel said that police received a call to attend the area before seeing Jasek in the car.
He said: “Officers spoke to the accused, who was smelling of alcohol. His speech was slurred and when he exited the car he was unstable on his feet.”
Breath tests later found that he had 119mcg of alcohol in 100ml of breath – the legal limit is 22mcg.
Mr O’Neill explained that Jasek had been drinking a large amount of alcohol after suffering a difficult period, which included the breakdown of a long-term relationship.
He added: “During the day of the offence he received news about his health which caused some impact. That situation appears to be improving now.”
A motion from Mr Carvel for Jasek, of St Andrews Court in Buckie, to forfeit ownership of his car was refused by Sheriff Olga Pasportnikov.
The motorist was fined £400 and had nine penalty points added to his driving licence.
