An Aberdeen man caught in charge of a vehicle while over the alcohol limit has been spared a driving ban after convincing a sheriff he had suffered bad luck.
Police found Reece Milligan, 31, in the driver’s seat of a car on Queens Gardens, Aberdeen, in the early hours of yesterday, with the keys in the ignition.
A breath test revealed Milligan had 93 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 22 microgrammes.
Milligan, whose address was given in court as Queens Gardens, Aberdeen, admitted being in charge of a vehicle while over the alcohol limit.
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Defence agent Lynn Bentley persuaded Sheriff Ian Wallace not to ban her client at Aberdeen Sheriff Court yesterday.
Ms Bentley said: “My client had been in an apartment on the street and had enjoyed alcohol with friends when he went outside to get items from his car.
“Unfortunately he realised he was locked out and could not get the attention of people to let him in, despite banging on the door.
“He returned to his vehicle and fell asleep.”
When Sheriff Wallace asked why the key was in the ignition, Ms Bentley replied: “It was a cold night and the only way he could activate the heating system was to put the key in the ignition.”
Sheriff Wallace said: “Having listened to the circumstances, I am content to limit the penalty to 10 points on your licence and a fine of £600.”
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