A drink-driver who decided to take a friend home from a party in an uninsured car has been warned his decision could’ve left others seriously injured.
James Kennedy was more than double the limit when he got behind the wheel after a “rare” evening of drinking in Forres.
The 30-year-old was caught because he failed to put his full headlights on – despite it being 1.40am and dark, Elgin Sheriff Court was told.
Fiscal depute Karen Poke said police saw him drop someone off in Blaven Court before they stopped the red Ford and their checks showed it wasn’t his car nor was he insured to drive it.
“Officers on mobile patrol were travelling towards Blaven Court in Forres when they observed a vehicle that had only its daylights running despite the darkness,” she said.
“It appeared a passenger had just been dropped off. They stopped the vehicle and checks showed the driver was not the owner and was not insured.”
Was more than double the limit
Kennedy “freely stated” it was his friend’s car and he wasn’t insured and roadside breath tests were then carried out.
Kennedy pled guilty to drink-driving, giving a reading of 50mcg of alcohol per 100ml of breath, the legal limit being 22mcg, and driving without insurance.
His defence agent Stephen Carty said he “rarely consumes alcohol” as he is a carer for his mum and sister and doesn’t have much time to socialise.
“A quantity of alcohol had been consumed early in the evening,” the solicitor said.
“Because of the time of night, he agreed to use the vehicle to give somebody a lift home. He didn’t appreciate he was over the limit given how rare an event it is that he consumed any alcohol at all.
“It’s a matter of regret for him and he can but apologise to the court for his behaviour.”
The court heard Kennedy doesn’t currently have a licence.
‘How are you prepared to pay for someone’s rehab?’
Sheriff Gordon Fleetwood told him. “I am concerned you think it’s okay to drive if you are uninsured quite honestly.
“How are you prepared to pay for someone’s rehabilitation or the fact they could be made disabled for the rest of their life because you drove into them when you were drunk?”
Kennedy, of Darwin Drive, Forres, was fined £940 and banned from the roads for one year. He can reduce that ban length by 25% by completing a drink-driver rehabilitation course.
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