A drink-driver jumped in his car and drove off after being assaulted by a relative following a night out.
Dylan Baxter had been planning to stay at the relative’s house following an evening of socialising, but things did not go to plan.
When he arrived at the man’s door, he initially didn’t answer, and when he did he assaulted Baxter, leaving him concussed and requiring his nose to be realigned.
The 23-year-old was “in shock” and jumped into his car to leave, despite being over the alcohol limit.
During a hearing at Aberdeen Sheriff Court, Sheriff William Summers said he was “not unsympathetic” to Baxter’s situation, but banned him from driving and handed him a fine.
‘Altercation came out of the blue’
Fiscal depute Tom Procter said the incident happened around 5am on March 6 in Aberdeen.
He said: “Police were en route to a reported disturbance near the locus.
“They saw the vehicle in question being driven and, due to suspicions raised in that regard, they stopped and approached the vehicle.”
Baxter was found to be the driver and said he’d “been involved in an altercation and had been out drinking earlier in the evening”.
A breath test then returned a positive result and he was arrested.
Baxter, of Coutens Park, Oldmeldrum, pled guilty to driving with 37 microgrammes of alcohol in 100ml of breath. The legal limit is 22 microgrammes.
Defence agent Sian Grant said: “He’d been on a night out and returned back to the address where he was supposed to be staying with his girlfriend.
“The man refused to open the door when they first arrived.
‘I’m not unsympathetic but there’s simply no alternative’
“When he did later attend at the door an altercation came out of the blue and Mr Baxter was assaulted.
“He sustained a head injury and a knock to the nose.
“He got in the car to try and leave.”
Mrs Grant said her client was “in shock” at the time.
After being released by the police he was taken to Aberdeen Royal Infirmary where he was found to have a concussion and needed to have his nose realigned.
The solicitor said Baxter would lose his job, which required him to drive, as a result of the offence, adding it was “extremely out of character” for the first-offender.
Sheriff Summers told Baxter: “I’m not unsympathetic but there’s simply no alternative available to the court other than disqualification and a financial penalty.”
He banned Baxter from driving for 12 months and fined him £420.
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