An “anxious” dad was caught drink-driving with his children in the car after he crashed into a fence.
Ruaridh Mackenzie had been unable to sleep while his children stayed over for the first time in a while so instead stayed up drinking vodka before getting behind the wheel at 7am the next morning.
After a concerned farmer reported the crash to police, officers found him unsteady on his feet, barefoot and stating he didn’t know who had been driving his grey Ford Mondeo.
Procurator fiscal Sharon Ralph told Elgin Sheriff Court the 35-year-old crashed on the unclassified Garrowood to Huntly road on April 30 last year.
Unsteady on his bare feet
“The tractor driver approached the driver of the car and noted he had passengers within,” she said. “He was standing next to the car and appeared to be unsteady on his feet and the witness formed the opinion he was under the influence of alcohol.
“He went back to his tractor and called the police and officers later traced the accused 300 yards away from the vehicle. He was unsteady on his feet and he was not wearing any shoes.
“He stated he didn’t know who the driver was.”
After a positive breathalyser test, Mackenzie was taken to Keith police office, where he then resisted arrest and struggled with officers.
A further blood alcohol test, taken four hours after the crash, showed him still more than three times the limit – providing a reading of 70 microgrammes of alcohol per 100ml of blood, the legal limit being 22.
Struggled with anxiety over sleepover
Mackenzie admitted charges of drink-driving and resisting arrest.
Defence agent Matthew O’Neill said it was “an unfortunate set of circumstances” and that his client had been drinking vodka during the evening and early hours of the morning before the offence.
“At that time had had not had access to his children for a period of time following the breakdown of his relationship,” the solicitor said.
“His children had been staying with him and that had a huge impact on him and his anxiety.
“He has had significant difficulties with anxiety for much of his adult life.
“Having not had them in the house for such a period of time he had consumed alcohol once they had gone to bed. He had stayed up the whole night because he had not been able to sleep due to that anxiety.”
‘He had felt okay to get in the car’
Mr O’Neill said Mackenzie, a college student, had his children in the car with him but had believed there had been a “significant enough gap” between him drinking and getting behind the wheel.
“He has a better understanding now and can only apologise for that,” he added. “He had in himself felt okay when he made the decision to get in the car. It became clear he was not.”
The court heard Mackenzie would welcome a chance to access support services and would benefit from a drink-driving education course.
Sheriff Olga Pasportnikov handed Mackenzie, of The Mews, Grange, Keith, a 22-month roads ban, 135 hours of unpaid work and a one-year supervision order.
Mackenzie may also carry out a drink-driving rehabilitation course to reduce his ban by 25%.
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