A repeat drink driver has been banned from the roads after he knocked down a cyclist on her way to work.
Mariusz Kluj, 38, appeared in the dock charged with being more than two times the drink-drive limit when he hit the cyclist in Aberdeen on August 19 this year.
Aberdeen Sheriff Court heard how Kluj got behind the wheel of his van in the early hours of the morning after drinking the previous evening.
The female cyclist had to be taken to Aberdeen Royal Infirmary with a suspected broken arm after the incident, at Six Roads Roundabout in Aberdeen.
Kluj admitted a charge of driving while over the legal alcohol limit.
It is his second drink driving conviction.
Did not give way to cyclist
Fiscal depute Tom Proctor told the court: “The vehicle in question approached the roundabout at speed and did not give way to the cyclist – it entered the roundabout and collided with the cyclist, causing her to fall to the ground.
“The cyclist was conveyed to ARI and police were called to the scene where the accused was identified as the driver.
“A breath test was carried out that indicated a fail.”
Kluj was then arrested by police and taken to Kittybrewster custody suite where he provided a reading of 57 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 22mcg.
The 38-year old was cautioned and charged and held in custody.
‘You were significantly intoxicated with alcohol’
Defence agent Alex Burn told the court that Kulj had been drinking the previous evening and had “excess alcohol in his system” that morning.
He said: “It impacted his ability to react and his hazard perception.
“He has a previous conviction and he very much regrets the incident which has brought him to court.”
Sheriff Mark Stewart QC told Kluj: “The fact that this offence occurred the following morning does not materially change the fact that you chose to drive this vehicle at a time when you were significantly intoxicated with alcohol.
“You stated that this occurred because you had not seen the cyclist on the roundabout.
“It is impossible to know whether that failure to observe is a direct consequence of the drink – but it is relevant that the cyclist was not seen by you.”
In light of his previous conviction, Sheriff Stewart sentenced Kluj, of Abbotsford Lane, Aberdeen, to a two-year community payback order with a supervision requirement and 130 hours of unpaid work.
He also disqualified him from driving for three years and ordered him to resit his driving test.
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