A Kemnay man who took his partner’s car on a drunken spin had been handed a driving ban only days before.
Terence McPhee sped off in his wife’s silver Kia after she returned to a property to collect her belongings.
Aberdeen Sheriff Court was told that when the woman saw her car was gone she called the police, who arrested McPhee when he returned just minutes later.
The 32-year-old – who had been banned from driving just five days prior – then verbally abused police, calling them “pigs” and threatening to assault a female officer.
He also refused to provide a specimen of breath to police on two occasions.
Handing McPhee an extended driving ban, Sheriff Christopher Marney told him he had “seriously considered” sending him to prison.
Vile abuse directed at police
Fiscal depute Victoria Kerr told the court that on the evening of September 12 this year, McPhee had been at a friend’s house with his wife.
However, they were forced to leave due to McPhee’s behaviour, she said.
As they got into the car, McPhee’s wife remembered she’d left something inside and went back to get it and left him in the car.
When she returned she saw the car being driven away and called 999.
McPhee, who had been handed a year-long driving ban on September 9, returned with the car four minutes later and tried to walk away with his hood up when police arrived.
Upon being arrested, he turned abusive, calling one constable a “20-year-old little pig” and using a homophobic slur.
While in the back of a police van, he also told a female officer he would “smash in her face” and told another male officer he had a “poofy little face”.
As officers tried to give McPhee a breath test at Kittybrewster Police Station, he refused to provide a specimen of breath on two occasions.
He also continued to profess his innocence, telling police he only “sat in the car but did not drive it”.
Appearing in the dock, McPhee pleaded guilty to one charge of taking a car without the owner’s permission and a second charge of driving whilst disqualified.
He also admitted one charge of behaving in a threatening or abusive manner and a further two charges of failing to comply with a breath test and failing to provide a specimen of breath on two occasions.
‘Utterly disgraceful’
Defence solicitor David Sutherland told the court that his client had been “drinking to excess” on the evening in question.
“He is quite concerned about this situation today,” Mr Sutherland said.
“Alcohol is a significant factor in these offences and there is an acceptance by him that he was very drunk at the time.
“He has stopped misusing alcohol and no longer consumes it.”
Sheriff Marney told McPhee “these are very serious offences”, adding that he had “got behind the wheel days after being disqualified”.
“Your conduct towards police officers was utterly disgraceful,” he said.
“I have given serious consideration to a custodial disposal, however, I believe there’s a viable alternative.”
As an alternative to a prison sentence, Sheriff Marney disqualified McPhee, of St John, Kemnay, from driving for three years.
He also made McPhee subject to a community payback order and ordered him to carry out 160 hours of unpaid work.
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