An Elgin drink-driver has been banned for three years and given an electronic tag after being found almost seven times the limit the day after a “heavy” night on the wine.
Andrew McBean was pulled over in Elgin last year by police after a tip-off.
The 54-year-old had been driving his black Vauxhall Corsa SRI turbo on the A96 Alexandra Road in the city centre when officers stopped to speak to him.
Fiscal depute Karen Poke told Elgin Sheriff court that at around 2.20pm on August 11, police had stopped McBean’s care and immediately thought he was under the influence.
“There was a smell of alcohol coming from him,” Ms Poke said. “And his speech was slurred and his eyes were glassy.”
McBean provided a breath sample which showed he had 134mcg of alcohol in his breath – the limit being 22mcg.
“He freely stated that he had been drinking wine the night before,” Ms Poke added.
‘He had been drinking heavily the night before’
McBean, of Chandlers Rise, Elgin, admitted one charge of drink-driving.
His defence solicitor Grant Dalgleish said McBean lived alone and was in full-time employment.
He said: “He had been drinking heavily the night before to the early hours of the morning.
“He thought it was safe to drive the short distance to Tesco.
“He is embarrassed and remorseful to be appearing in court.”
The court was told McBean had a previous conviction for a similar offence dating back to 2016.
Sheriff Gordon Lamont said that McBean should have been “well aware” of the drink-driving laws given his age and previous conviction.
“It is more serious because it is your second offence in 10 years,” he said. “The public needs to be protected from drivers like yourself.”
Sheriff’s warning
Sheriff Lamont banned McBean from driving for three years and recommended that he carry out the Drink Driving Rehabilitation Scheme on order to get a nine month discount if completed.
McBean was also placed under a Restriction of Liberty Order, requiring him to stay inside his home address between the hours of 8.30pm and 7am daily for four months.
Sheriff Lamont then warned McBean: “If you come before the court for a third time, then custody could be likely. Do not come before the court with this type of offence again.”