A drink-driving serviceman was restrained by bystanders after he tried to flee the scene before police could arrive.
Repeat offender David McKenzie was caught drunk behind the wheel near the Army base at Kinloss and concerned members of the public grabbed his keys from the ignition.
McKenzie, 37, a member of the 39 Engineers Regiment, was stopped as he tried to leave the base at around 2.10pm on November 29 last year.
He was almost five times the legal limit and was handed a hefty fine, roads ban and a stark warning that he faces jail if he drink-drives again, Elgin Sheriff Court was told.
Fiscal depute Emma MacEwan said witnesses saw McKenzie’s blue BMW car reversing out of the accommodation block onto the public road.
Had to be restrained by others
“They were aware the vehicle belonged to the accused and due to its actions, they stopped to speak to him,” the fiscal said.
“He stopped the vehicle and was the sole occupier. On opening the door, witnesses saw empty alcohol containers within the footwell. He was slurring his words and they formed the opinion he was drunk.
“In order to prevent any further offending or any harm to others they took the keys from the ignition and called the police.
“The accused tried to leave but was restrained by witnesses within his vehicle.”
Police officers noted a strong smell of alcohol and that McKenzie was slurring his words, had bloodshot eyes and was unsteady on his feet.
The serviceman initially refused to give a sample of breath but after being cautioned and arrested and taken to Elgin police station he eventually complied.
That reading was one of 107mcg of alcohol in 100ml of breath, the legal limit being 22mcg.
Appearing in court accompanied by a senior officer, he admitted charges of drink-driving, failing to comply with a breath test and driving without insurance.
‘Glad’ that others stopped and reported him to the police
Defence agent Matthew O’Neill said his client on occasion struggled with an “overindulgence of alcohol”.
“Following these offences he has referred himself to Arrows for support again,” the solicitor said.
“He had arrived back having had some annual leave. He returned a few days before going back to work and he had consumed a quantity of alcohol and taken the decision to drive the vehicle.
“He is glad that others actively noticed what he was doing and brought it to the attention of police.
“He reacted badly at first but later dealt with matters in a much more sensible fashion once at the police station.”
Mr O’Neill said his client was fit for unpaid work but the logistics of fitting this in around his employment, which he said “already benefits a lot of us”, would be complicated.
‘Next time it’ll be jail’
Sheriff Robert McDonald warned McKenzie any repeat of his behaviour could land him in jail.
“It’s a second offence for drink-driving,” he told him. “It’s a serious matter. You should be aware that if you appear before the court again for an offence of this kind what the court will be looking at is jail.
“That’s where you go from here if you offend again.”
McKenzie, of Kinloss Barracks, was fined £1,175 and banned from the road for four years.
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