A man was spotted with a bottle of alcohol in the driver’s seat, blocking the road in Beauly.
When a member of the public approached Kevin MacGillivray he drove off – but not before they spotted the drink and smelled alcohol on him.
Police were called and MacGillivray was traced – but when they told him he was being reported for the matter, he kicked an officer.
MacGillivray, 42, appeared at Inverness Sheriff Court to admit charges of driving whilst unfit through drink or drugs and assaulting an officer.
Fiscal depute Adelle Gray told the court it was around 6.40pm when a witness saw MacGillivray’s black Audi A4 estate on Station Road, Beauly, near a petrol station.
She said: “The accused appeared to be blocking the road.”
Driver smelled of alcohol
“The witness approached the accused and observed the accused to smell of alcohol. He had a small bottle of alcohol between his legs,” Ms Gray continued.
At this point, MacGillivray drove away and the matter was reported to police, who began to search for the driver.
Officers on the road to Kiltarlity spotted a pile of leaves and branches “indicating there had been a collision” and found MacGillivray nearby.
He was sitting in his vehicle with a bottle of whisky and the keys were between his legs.
He was taken into custody, but when told he would be reported for the matter, he kicked a police officer on the body and was restrained to the ground.
Unfit driver was ‘quite upset’
Solicitor Rory Gowans said that MacGillivray had been “quite upset” on the day in question after going through the personal effects of his late brother.
He said: “I don’t think he had any clear plan of what he was doing or why he was doing it. He understands how foolish his conduct was.
Mr Gowans told Sheriff Eilidh MacDonald: “He would like to apologise to all of those affected by his conduct, particularly the members of the public and the police officers.”
Sheriff MacDonald disqualified MacGillivray, of Balgate Mill, Kiltarlity, from driving for 16 months and fined him £580 in respect of the driving charge.
Noting he had spent around two months on remand she said she would consider his “time served” in relation to the assault charge – on which he was admonished and dismissed.
