A cabbie who refused to take a breath test after a fracas with a drunken customer has been shown mercy by a sheriff – but now faces a battle to keep his livelihood.
John Burns was spared a driving ban when he appeared in court yesterday but is still suspended from working as a taxi driver.
The 54-year-old got involved in a row with John Hayden after picking him up take him to North Kessock and then being told his passenger was not going to pay his far.
Burns – who has an unblemished 18-year taxi driving record – stopped his car and ordered him out of the vehicle and then Hayden began swinging punches at him.
Police officers on patrol spotted the bizarre drama unfolding beside the A9 near the North Kessock and intervened.
Fiscal depute Fraser Matheson told Inverness Sheriff Court: “Both men were taken to Burnett Road police station where Burns was required to give breath specimens.
“He refused and told police ‘It is not my fault. The guy in the taxi committed the offence’.”
Both men appeared in court yesterday – sitting at either end of the dock.
Hayden, 38, of 8 Marchburn Court, North Kessock, admitted breaking the peace by swinging punches at Burns and behaving in a threatening manner.
Burns, of 127A Murray Terrace, Smithton, admitted refusing to take a breath test.
The incident happened on December 27.
His agent, solicitor John MacColl, told Sheriff Brian Cameron: “There is a very unfortunate set of circumstances in this case.
“He tells me that he definitely, one hundred per cent, had not consumed alcohol that day.
“The previous occasion he had taken alcohol was two days earlier.
“He is a man with no previous convictions, a long and excellent driving record with no accidents or claims and has worked as a taxi driver for 18 years.
“He picked up Mr Hayden, who was heavily under the influence of alcohol.
“He said he was not going to pay Mr Burns and that was when the journey came to an abrupt end at the side of the A9.
“He was ordered out of the car but grabbed the wheel of the taxi. When the police car passed and saw what was happening, both men were detained.
“At the time, Mr Burns was suffering from acute stress as there was the threat of a taxi driver strike at the time.
“He has no legal knowledge, and was of the view that he did not have to provide the specimens.
“As a result of this, he has been suspended and his licence is now being reviewed by Highland Council.”
Sheriff Cameron said he was exercising his legal discretion and would not ban the taxi driver in the unusual circumstances.
The sheriff told him: “I will refrain from disqualifying you but I must endorse your licence with 10 penalty points. I will also fine you £315.”
Burns said later: “What a nightmare. I am so glad I did not get disqualified otherwise the career I enjoy would definitely be over.
“I am hoping that the council will see that this is a highly unusual case, and lift my suspension so I can keep my licence and carry on working.”
Hayden’s agent, solicitor Diane Macfarlane, said her client regretted getting Burns into trouble.
She added: “He has a substantial alcohol problem and had stopped drinking but relapsed over the holiday period. He has little or no recollection about what happened.”
Sheriff Cameron ordered Hayden to give up alcohol and deferred sentence until July 9 for reports.
