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Mum caught drink-driving with child in car told police she’d just had swig of mouthwash

Sarah Evans appeared at Elgin Sheriff Court.
Sarah Evans appeared at Elgin Sheriff Court.

A mum caught drink-driving with a child in the car lied and told police officers she had just used mouthwash.

Sarah Evans gave the false information after being pulled over following an anonymous tip-off.

But the reality was that the 38-year-old had “had a couple of drinks” in Findhorn before jumping in her car.

Fiscal depute Karen Poke told Elgin Sheriff Court that officers stopped Evans’ black BMW on Victoria Road in Forres at around 6.30pm on June 12 last year.

“They came upon the vehicle which was seen to brake repeatedly for no apparent cause to do so,” she said.

“On approach to Forres town centre, on Victoria Road, the vehicle was seen to drive in excess of the prescribed speed limit. It was for that reason that officers decided to speak to the driver.

“The accused stated she was suffering from a tooth infection and as such had used an alcohol-based mouthwash five minutes prior to being stopped.”

This was a lie, her solicitor admitted, given to police in a “state of panic”.

Defence agent Stephen Carty said: “She had been out in Findhorn. She had had a couple of drinks. It was never her intention to drive home.”

He said one of her children had cut herself in an accident and she was in a panic to get home.

Mr Carty said that the loss of his client’s licence would be a “devastating blow” to the single mum and her family given their rural address and a requirement to get the children to school.

Evans, of Muir of Logie Farmhouse, Dunphail, admitted driving with 33mcg of alcohol in her 100ml of breath, the legal limit being 22.

Sheriff Robert MacDonald told her: “You know that you shouldn’t have been driving when there was a risk you were over the limit.”

Taking into account Evans’ low reading and the circumstances of the offence he fined her £420 and banned her from the road for 12 months.

He also deemed her suitable for a drink-driver rehabilitation course which will allow her to reduce that disqualification period in due course.

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