An oil and gas firm boss has been banned from the road after failing to provide two breath samples to cops who suspected him of drink-driving.
Donald Bannerman was spotted “failing to display line discipline” in his Porsche by officers, who had been contacted about the manner of his driving on the A90 in Ellon on September 12.
The 58-year-old, who is the managing director of a small firm supplying pipes and fittings to the offshore industry, was then stopped by police and failed to give the two required samples of breath for analysis.
Crown narrative
Fiscal depute Lynne MacVicar told Aberdeen Sheriff Court: “Around 10.30pm police officers had been contacted in relation to the manner of the accused’s driving.
“The officers then saw the accused’s vehicle around 10 minutes later at the locus and the driving indicated he was under the influence of drink or drugs, failing to display line discipline and missing kerbs. The officers duly stopped him.
“He was required to give two specimens of breath and successfully provided one sample but failed to provide a sufficient second sample despite attempts.”
Bannerman was cautioned and charged and replied: “I’ve been off work all week with the flu, that’s why I can’t provide a sample.”
Ms MacVicar told the court the reading from Bannerman’s first sample was 73 microgrammes of alcohol in 100ml of breath. The legal limit is 22 microgrammes.
She also made a crown motion for forfeiture of the vehicle.
The charge
Bannerman, of Kirk Crescent South, Cults, pled guilty to failing, without reasonable excuse, to provide two specimens of breath.
Mitigation
Defence agent Chris Maitland said his client had had a cough and suffered from breathlessness, but accepted there was a lack of medical evidence and it was not a reasonable excuse for failing to provide samples.
The solicitor said Bannerman was the managing director of a small company employing six people.
He argued forfeiture of the vehicle would be “completely disproportionate”.
Sentence
Sheriff Morag McLaughlin fined Bannerman £715 and disqualified him from driving for 12 months.
She refused the crown motion for forfeiture of the vehicle.
