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Elgin woman avoids jail after second drink-driving charge in two months

Joan Stewart was warned she is "on the cusp" of prison after two separate offences, just weeks apart.

Joan Stewart appeared at Elgin Sheriff Court.
Joan Stewart appeared at Elgin Sheriff Court.

An Elgin woman has been given a six-year driving ban and placed under a curfew after being caught drink-driving twice in the space of two months.

Joan Stewart, 50, was first caught in August this year after she went to the shop to buy alcohol and then again last month after crashing into another car.

Stewart appeared at Elgin Sheriff Court after admitting a number of charges, which also included driving without insurance or a licence.

Fiscal Sharon Ralph told the court Stewart had gone to the Co-op in Lhanbryde on August 23 and was filmed getting out of her red Seat Ibiza by the shop’s CCTV at 4.30pm

“She purchased four bottles of wine,” Mrs Ralph continued. “Before leaving the store and getting into her car.”

A member of the public phoned police who then traced Stewart at her home address at The Pines, Elgin.

“Officers noted that her car was still warm, and the keys were still in the ignition,” said Mrs Ralph.

“[Stewart] was inside her home and was the only person there. There were no signs of any alcohol being open.

Stewart appeared dazed and confused

“She was lethargic and shivering and appeared to be intoxicated.”

A breath test carried out showed Stewart had 99 milligrams of alcohol in 100 millilitres – more than four times over the limit.

Two months later, on October 23, Stewart’s vehicle collided with another car after being seen driving at excessive speeds through temporary traffic lights on Linkwood Road in Elgin.

The other driver called the police, who said Stewart had appeared “dazed and confused” and was slurring her words.

After being taken to Elgin police station, Stewart gave a positive breath test with a reading of 52mg – more than double the legal limit.

Stewart’s defence solicitor Megan Lee said her client was now attending regular meetings with Arrows to address her alcoholism, adding: “She has an alcohol problem and knows either of these incidents could have ended in tragedy.”

Sheriff David Harvie told Stewart: “In the course of two months on local roads you have driven your car and been caught driving over the limit and on one occasion while subject to an interim disqualification.

“You also did not have any insurance to protect third parties – and you struck a vehicle.

‘Utter disregard’

“You showed an utter disregard for traffic signals and caused a collision while under the influence of alcohol.

“You were four-and-a-half-times over the limit – not only a danger to yourself, but others with this behaviour.

“Unless it stops, you will find yourself being dealt with far, far more seriously than today – you are on the cusp.”

Stewart was given a total consecutive driving ban of six years for both offences and placed under a Restriction of Liberty Order for eight months, forbidding her to leave her home between 7pm and 7am daily.

Sheriff Harvie also placed Stewart under supervision for two years, before adding: “All of this is a direct alternative to custody, am I clear?”

Stewart replied: “Crystal.”