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Drink-driving learner took mum’s car without permission – then crashed it

Drink-driver Brandon Byth took his mum's car
Drink-driver Brandon Byth took his mum's car

A drink-driver took his mum’s car to visit a woman then got into a collision, a court has heard.

Learner driver Brandon Byth, 23, had been drinking vodka and told his mum he needed to go outside to “get some air”.

But when a woman called to say he had driven to her house, the mum checked outside to find her car was missing.

Byth appeared for sentencing at Inverness Sheriff Court having previously pled guilty to charges of drink-driving, taking and driving away a vehicle without consent, failing to provide driver details and driving otherwise than in accordance with a licence.

Fiscal depute Karen Poke told the court that the charges relate to incidents on January 25 of this year.

She said Byth had been drinking vodka and told his mother that he needed to go outside.

Half an hour later his mother noted that he had still not returned and tried to call his mobile, but the call went unanswered.

Man in mum’s car ‘smelled of alcohol’

During the same period a woman received a call from him telling to go outside her home as he was outside.

“She noted that he was in the driving seat of his mother’s car. She noted that there was a strong smell of alcohol,” the fiscal depute added.

The court heard that at 11.30pm on the same day it was reported that the car had been involved in a collision, after which Byth was asked to identify himself and replied: “No comment.”

Drink-driver was three times the limit

He did however, comply with all the subsequent drink-drive procedures – which revealed his breath alcohol level to be 70 micrograms per 100 millilitres of breath – more than three times the legal limit of 22.

Solicitor Ken Fergusson said Byth suffers from fibromyalgia which causes him constant pain and affects his mobility

He told the court that his client was someone with a “very naive attitude” who would “benefit from support”.

Sheriff Gary Aitken placed Byth, of Mackintosh Road, on a community payback order with two years’ supervision and 120 hours of unpaid work in the community.

He also disqualified the drink-driver from holding or obtaining a driving licence for 14 months.