A soldier was caught drink driving twice in three hours when police gave him his keys back after he failed a breath test
A court heard yesterday that officers suspected Private Vincent Limbani was going to get a taxi to return to his vehicle and drive home and pounced when he got behind the wheel and drove off.
Now a special hearing will be held to determine whether the 33-year-old should be spared a lengthy ban – or even jail – as a result of the police actions.
Limbani’s lawyer Pauline Chapman told Inverness Sheriff Court it was a “disturbing” case, while Sheriff Margaret Neilson expressed surprise that the officers had returned his car keys knowing he was going to drive again.
The incident happened in the early hours of April 19 this year after Limbani, a father-of-three, was woken at around 3am by his stepson having an asthma attack and running a high fever at their home in military accommodation in the city.
Mrs Chapman said her client had been drinking earlier in the evening and “took the ill-advised decision to take his car and find an all night chemist”.
She said: “He was stopped by police, breathalysed and found to be over the limit. He was handed his car keys and was not told he was not to drive.
“The police report states that he was released from custody and officers suspected that he was going to get a taxi to Kingsmills Road and drive his car home.”
Sheriff Neilson said: “I understand that the usual practice was not to hand back the keys until the police are satisfied that a person is fit to drive.”
Mrs Chapman replied: “Exactly. He assumed that because he was given the keys back, he was okay to drive and he may be forgiven for assuming that.
“If they suspected he was going to drive, why did they give him his keys back? He would not have driven if he had known.”
Limbani has already been banned from driving for the first offence and was facing a longer ban or a prison sentence for admitting the second offence.
Mrs Chapman said she had been advised that if he was sentenced to more than 100 hours of unpaid work, he would be sacked from his £17,000-a-year role as an Army private.
The sheriff agreed to her request to hold another hearing to consider whether there are special reasons for not handing down the mandatory sentence.
It has been set for September 8.
Police refused to comment.