A Nairn man has avoided a driving ban after being found drunk inside a parked car.
Mark Green was spotted slumped next to an empty bottle of vodka inside his grey Volkswagen Golf parked within the Findhorn Foundation on the evening of July 31 this year.
The 43-year-old was at first thought to be having a medical emergency so a member of the public raised the alarm and rang for help.
The court heard how Green had first been seen by the witness during the day, but upon spotting him still there “hours later” became concerned for his welfare.
Drunk at driver’s seat
The court heard Green was sitting in the driver’s seat and was giving off a “strong smell of alcohol”.
The witness went to speak to him and took away his car keys because he looked drunk, the court was told.
Fiscal depute Karen Poke said both police and paramedics attended, adding: “He was showing clear signs of being under the influence.
“An empty bottle of vodka was found on the passenger seat. He was checked by the paramedics, but no medical intervention was needed.
“He was taken to the police station for further procedures, and he gave a positive alcohol breath test reading of 117 micrograms at 1905 hours.”
Drunk in charge of car
Green pled guilty to an amended charge of being drunk in charge of a vehicle, rather than drink-driving at West Whins, Forres.
Green’s defence agent Marc Dickson told the court the case had called previously before Sheriff Olga Pasportnikov, earlier this month.
She requested a letter from Green’s employer regarding his employment status should he be banned.
The court heard Sheriff Pasportnikov had wanted to “balance the public interest with Green’s interests”.
Needs car for work
Mr Dickon said his client worked as a travelling salesman for a glazing company and needed to travel around Caithness and Aberdeenshire.
He argued that Green had two children to support financially and said after Green’s retail business had failed during the pandemic, he was now solely reliant on his current job.
The court was also told Green had been the victim of a road traffic collision and had suffered a broken back as a result.
Alcohol issues
“This led to him developing depression,” Mr Dickson went on. “And alcohol became problematic for him.
“He is trying to rehabilitate. When he was found in the Findhorn Foundation, he was parked outside a domestic house. It was fairly secluded, and he had been parked there for some time.
“He took the decision to sleep in his car and pled guilty before his trial date.”
He asked that the court could impose penalty points rather than a driving disqualification.
Sheriff David Harvie said he could deal with it by way of penalty points and imposed 10 points on Green’s licence as a direct alternative to a ban.
Green, of Mossside Road, Nairn, was also fined £680 and ordered to repay it at £100 per month.