A Fraserburgh undertaker who was found in an A9 layby with no trousers on failed to provide police with a breath sample, a court has heard.
Owen Mackinnon had slurred speech and smelled of alcohol when officers discovered him partially undressed in the driver’s seat of his car at the North Kessock stopping area.
Defence solicitor John MacColl said Mackinnon had “caught himself short” while out for a drive and had stopped to “sort himself out” before drinking from a bottle that was in the car.
Mackinnon, 62, appeared at Inverness Sheriff Court to admit a single charge of failing to provide a sample of breath while he was in charge of a vehicle.
Fiscal depute Shamielah Ghafar told the court that it was around 6.50pm on October 3 last year when police call handlers received a call.
She said it was: “An anonymous report of a male parked in a burgundy car in the driver’s side drinking from a whisky bottle.”
Officers were dispatched and spoke to Mackinnon.
‘His speech was slurred’
“They could smell alcohol and his speech was slurred,” Ms Ghafar said, adding that officers also noted the accused was not wearing his trousers.
She said there was an empty one-litre bottle of Morgan’s Spiced Rum in the car.
Mackinnon was helped to dress himself, but later failed to provide two samples of breath when required to do so.
Solicitor John MacColl, for Mackinnon, told Sheriff Shirley McKenna that his client had travelled to the Inverness area from Fraserburgh with his caravan and was staying on a site near Inverness.
Mr MacColl acknowledged that “when the officers found him he was not wearing his trousers,” and explained that on the day in question Mackinnon had been for a drive in the Highlands but had “caught himself short”.
“He stopped to sort himself out,” Mr MacColl said, adding: “There was a bottle of alcohol in the vehicle and he took some drinks from that.”
‘Mr Mackinnon has dealt with this matter very responsibly’
Mr MacColl said his client had not intended to drive but had refused the breath test for fear of being over the limit.
He said: “Mr Mackinnon has dealt with this matter very responsibly. He provided me with a significant number of references.”
Mr MacColl said the first offender had not taken a drink since October last year and told the sheriff: “I’m pretty confident the courts will not be seeing him again.”
Sheriff McKenna told Mackinnon, of Alexandra Terrace, Fraserburgh: “I think you understand the severity of what you did.
“Hopefully this will be a lesson to you. I will impose 10 penalty points.”
She also fined him £580.
