A serial drink-driver who got behind the wheel while more than five times the alcohol limit last month was “extremely fortunate” to avoid jail when he appeared at Elgin Sheriff Court yesterday.
The court heard Jody Smith, 38, had already been convicted twice for driving while under the influence when he decided to drive home from a party in the early hours of Sunday, May 24.
Fiscal Ruairidh McAlister said: “The accused was found revving the engine of his car loudly on the High Street in Portknockie at around 1.30am that morning.
“When a witness approached him the accused apologised for the noise – and the witness said she could smell alcohol on his breath.”
Police later tracked Smith at his home, where he admitted he had been driving after consuming alcohol.
The court heard Smith, 26 Reidhaven Street in Cullen, had been employed in the oil industry for most of his life until being made redundant recently, but was looking to re-enter the field.
Solicitor Matthew Neill said the father-of-three was “thoroughly ashamed” of his actions.
He said that following a disagreement with his wife, Smith had travelled to a party that she had attended earlier.
He added: “Why he decided to drive back home after that, my client cannot explain – it was beyond foolish.
“The accused does have previous analogous convictions, and the court could dispose with this case in a very serious way.
“He would be extremely fortunate to receive an alternative sentence to prison.”
Sheriff Peter Grant-Hutchison opted to show mercy on Smith and fined him £600, disqualified him from driving for four years and ordered him to complete 200 hours of community service over the next year.
