A repeat drink-driver has been banned from the road for more than five years after being caught in his car while surrounded by empty beer cans.
Dog walkers alerted police to Mark Toner after noticing the empties littering the road around his white Ford car.
Fiscal depute Karen Poke told Elgin Sheriff Court police found the 42-year-old inside the car, which was parked near Duffus Road and Covesea Road on March 7, 2020.
“Police received a report from a dog walker that there was a vehicle parked up with beer cans in the road near the driver’s side,” she said.
“This was just before lunchtime.”
Toner, alone in his vehicle, gave a breath test reading of 77mcg of alcohol in 100ml of breath, the legal limit being 22.
He admitted being three-times the limit while in charge of a vehicle.
His defence agent Matthew O’Neill said his client had fallen out with the wife and driven off to cool down before deciding to crack open a few beers in the car.
‘He accepts that was foolish’
“In speaking to him he didn’t think he was going to immediately drive. But he would have been driving again before the alcohol was out of his system and he was fit to.”
Mr O’Neill added: “He had, unfortunately, had an argument with his partner and he wished to get away from the situation.
“This was against a background of mental health difficulties at the time.
“He pulled up to the side of the road and began to consume alcohol.
“He accepts that was foolish for anyone to do let alone someone with the convictions he had.
“He has now been able to obtain assistance from agencies to get the help he needs.
“Given his previous convictions, he knows the court could impose a custodial sentence today.”
Can’t drive for five years
Toner’s latest analogous conviction was from 2016.
Sheriff Gordon Fleetwood said it was with “some hesitation” and “only really because it was a drunk in charge” rather than a drink-driving charge that he was sparing him from a jail term.
He instead handed Toner, of Duncan Drive, Elgin, a one-year supervision order and 162 hours of unpaid work to be completed within eight months.
Toner was also banned from driving for 65 months.
