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Argyll man jailed after driving friend’s car in Oban while four times over the limit

Rory McFall, 34, admitted driving a friend’s car four times over the limit in Oban. He received five months in jail and a 27-month driving ban.

Argyll man drink driving Rory McFall
Rory McFall was sent to jail for drink driving. Image; Facebook/ McFall.

An Argyll man claimed he took his girlfriend’s car to save her from drink-driving – only to be caught himself.

On December 1, Rory McFall had a fight with the woman and left the Oban hotel where they were staying.

But after he stayed away for too long, his partner phoned the police for assistance in tracing him.

Argyll man admitted drink driving in Oban

When they did find McFall, 34, Oban police officers did a roadside breath test, discovering he was four times over the limit.

McFall, of Dixon Avenue, Kirn, had 81 micrograms of alcohol in 100 millilitres of breath when the legal limit is 22 micrograms of alcohol, Oban Sheriff Court heard.

Fiscal depute Fiona Griffin said: “On November 30 the accused and a friend attended a hotel in Oban and spent their time in the bar.

Argyll drink driver parked in the car park at Atlantis.
The man parked in the car park of Atlantis Leisure Centre in Oban. Image: Facebook.

“Both had been intoxicated.

“The accused was noticed to have become rambunctious in his intoxicated state and left the bar, leaving his phone.

“On December 1 the friend contacted police [by phone] as the accused had not returned.

“At 1.45am she contacted police again [by phone] saying she was concerned.”

The woman told police they were not required to attend.

Around 2am, police attended the hotel and noticed the woman’s vehicle was not outside the hotel.

Ms Griffin continued: “She was intoxicated and she was adamant things were okay.

“She told officers ‘he hasn’t driven my car’.”

However, when officers stepped outside the hotel, McFall was in the vicinity, and the car had been returned.

After reading a criminal justice social work report on McFall, Sheriff Euan Cameron said: “I am concerned he has not been candid in his interview with social workers, as he tells a different version of events to them than those narrated to the court.”

Oban police found drink-driver outside hotel

Sheriff Cameron insisted that McFall’s lawyer speak to him, and the case was recalled later in the day.

After the adjournment, defence agent Jane MacNiven said: “His position is that he had initially taken the vehicle as he was concerned that she would drive the vehicle. She had indicated her intention to go back to Dunoon.

“Mr McFall moved the car to the car park at Atlantis Leisure. He went there and remained there for 45 minutes or more.”

Sheriff Cameron interjected: “So he drove through Oban, through one of the main thoroughfares while four times over the limit?”

Mrs MacNiven continued: “He has three children and is working towards getting supervised visits.

Oban Sheriff Court argyll man drink driving
Oban Sheriff Court. Image: Google Street View.

“The female he was with in Oban is not his girlfriend now – the relationship was short-lived.”

She added: “Mr McFall accepts this conviction.”

It was revealed to the court that McFall had an unexpired portion of a custodial sentence for another matter.

Sheriff Euan Cameron said: “You made a conscious decision to take a car and drive it through the streets of Oban while four times over the limit. You put members of the public at risk.

“This is very serious. There is a significant aggravation in that you have recently been released from prison.

Concerns about drink-driver’s dog

“The court has to send out a strong message that this conduct will not be tolerated. It is galling that you continued this course of behaviour while you were entrusted by the court.

“There is no sentence other than a short term of imprisonment. Had you proceeded to trial, your sentence would have been one of six months, but I will reduce that to five months, given the timing of your plea.

“You will also be disqualified from driving for 27 months.”

As the handcuffs were put on McFall, he asked if he could have one phone call.

He said: “I have my wee dog at home, and no one to look after it.”

Mrs MacNiven said she would speak to McFall when he had been processed by officers of the court.


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