A care worker has been banned from driving after being found nearly four times over the alcohol limit while on his way to start a shift.
Paul Fyvie, who admitted the drink-driving charge at Aberdeen Sheriff Court yesterday, said he had consumed alcohol after finishing a night shift and assumed it would have worn off by the time he got behind the wheel in the afternoon.
He was caught driving along a stretch of the A96 Inverness to Aberdeen road between Blackburn and Bucksburn with 85 micrograms of alcohol in 100 millilitres of breath in his system on Monday, October 9. The legal limit is 22mcg.
Fiscal Christy Ward said the police were called after the Elgin 40-year old nearly caused a crash on the busy trunk route by pulling out in front of another vehicle.
She said: “At around 2.15pm a member of the public had been travelling on the A96 towards Inverurie and became aware of the accused’s vehicle entering the carriageway from a layby, resulting in the member of the public having to break slightly.
“She then saw the car weaving within the lane and contacted the police as a result.
“Officers then duly attended as the accused’s vehicle was approaching Aberdeen – the usual procedures were undertaken.
“Fyvie was the sole driver of the vehicle and there was a smell of alcohol on his breath.”
The carer, who lives at Caroline Place in Elgin, was breathalysed by police and found to have nearly four times the acceptable amount of alcohol in his system.
He was also found to be driving his vehicle without insurance.
Fyvie works in the north-east as a community care worker for the elderly and infirm and the court heard he requires his vehicle for work.
His solicitor, Stuart Flowerdew, said: “He had been working through the night and taken some alcohol before getting a morning’s sleep and getting up, he was working the morning afterwards.”
Mr Flowerdew added that his client’s insurance was “in place and was being paid” but that payment had been affected due to a direct debit issue.
Sheriff Ian Wallace banned Fyvie from driving for 14 months and fined him £660 for both charges.
He said: “Mr Fyvie you will be disqualified for a period of 14 months, which is modified from 21 months because you pled guilty.
“You will have the opportunity to take part in a drink driver’s rehabilitation scheme that will be at your own expense but if you take part in it then you can have your disqualification reduced by a further quarter.
“I have restricted the financial penalty, but I do have to take into account the high reading and I’ve got to take into account that you were uninsured.”
