A pensioner has admitted he’s at an “age and stage where his driving days are behind him” following a drink-driving conviction.
David Sim had received bad news about the death of an old friend and made the “foolish decision” to drink and drive, Elgin Sheriff Court was told.
The 72-year-old decided to get behind the while of his white Citroen van on the B9135 between Lossiemouth and Elgin near Drainie Road on January 4 this year around 5.10pm.
He soon came to the attention of bystanders and police after he wound up on the pavement, however.
Fiscal depute Emma MacEwen said two separate police response units arrived at the scene.
“The accused was pulled over, the engine was switched off and the accused appeared to be under the influence,” she said.
“He identified himself as the driver and was requested to provide a specimen of breath and after this was completed he was taken to Elgin Police Station.”
Turned to drink after bad news
But despite giving that initial sample he refused to comply with the formal procedure back at the station.
He pled guilty to a charge of failing to provide a breath test – a decision his defence agent branded “very foolish”.
Solicitor Stephen Carty said: “Mr Sim had received some very bad news about the passing of a very old friend that day.
“He had consumed alcohol during the course of the day and made the very foolish decision to drive what was a very short distance.
“He did initially agree to the test but failed to comply fully.
“It a matter of regret that he made that foolish decision not to comply.”
‘His driving days are at an end’
Mr Carty said he would ordinarily ask for the road ban to be kept to the minimum and mandatory 12 months, but said Sim had told him “he is at the age and stage in life following this matter where his driving days are at an end”.
Sheriff Robert McDonald told him his “first mistake was drink-driving but his second was failing to give a breath sample” but added that he took into account his otherwise good driving record.
He handed Sim, of Silverhills Farm Cottage, Elgin, a 12-month road ban and a £520 fine.
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