An Aberdeen man has been banned from the roads after police found him driving to buy skin cream while more than four times the drink-drive limit.
Rafal Rutkowski, 36, appeared in the dock at Aberdeen Sheriff Court where he admitted being over the legal limit to drive on Great Northern Road after police caught him overtaking a bus on a blind bend.
His solicitor told the court that Rutkowski suffered from a serious skin condition which had badly flared up that evening.
She said her client then made the “foolish decision” to drive to a pharmacy late at night, despite being significantly over the limit.
Accused took blind bend at speed
Fiscal depute Stephanie Cardow told the court that at around 9.40pm on March 7 this year, police officers exited Kittybrewster Police Station in a marked police van when they saw a bus stopped dangerously and blocking the left-hand carriageway of Great Northern Road, Aberdeen.
Noticing there was no clear line of sight to overtake the bus, police pulled the van up behind and were about to speak to the driver when they saw Rutkowski’s Nissan Juke roar past and “blindly overtake” on a bend.
They activated their blue lights and brought the Nissan Juke to a stop further up the road.
While speaking to Rutkowski at the side of the road, officers noted a “strong aroma” of alcohol coming from him.
When breathalysed Rutkowski gave a reading of 99 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 22mcg.
In the dock, Rutkowski pleaded guilty to one charge of being in charge of a motor vehicle while under the influence of alcohol.
He also admitted a second charge of dangerous driving.
‘Serious risk of head-on collision’
Defence solicitor Debbie Ginniver told the court that her client suffers from a skin condition called psoriasis across the majority of his body and had suffered a bad reaction that night.
“He had gone into the shower after consuming alcohol and he felt his skin begin to crack and bleed,” she said.
“Mr Rutkowski had run out of his prescription cream and it had become unbearable.
“He had attended at some shop around his local area to try to find something to alleviate the pain but was unable to find anything suitable.
“It was at that point he made the foolish decision to drive – he wasn’t thinking clearly.”
Sheriff Donald Ferguson pointed out to Ms Ginniver that her client could have gotten a taxi or asked someone else to drive him to a pharmacy that night.
Turning back to Rutkowski, the sheriff described his actions as a “very serious instance of drink-driving”.
He added: “You were four and a half times the limit and you drove dangerously around a bus that was obstructing all sight lines ahead – there was a serious risk of a head-on collision here.”
Sheriff Ferguson banned Rutkowski, of Gordon’s Mills Crescent, Aberdeen, from driving for two years and made him subject to a community payback order with supervision for 12 months.
He also ordered him to carry out 120 hours of unpaid work and take part in alcohol counselling.
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