A Sandhaven man who was seen clutching a bottle of Buckfast soon after a car crash has been banned from the roads.
James-Andrew Milne – who was spotted hiding in a ditch – tried to withdraw his guilty plea to driving under the influence, but finally accepted his guilt from the dock of Peterhead Sheriff Court.
The 34-year-old had previously been dropped by his last solicitor when he tried to dispute his guilty plea during the preparation of a social work report on his background.
‘Hiding in the ditch’
Fiscal depute Lydia Williams said Milne came to the attention of another motorist on January 30 this year, when they spotted his damaged vehicle parked on a grass verge between Mid Ardlaw and Memsie.
When they stopped to see if anyone was around, they heard sounds nearby and saw Milne hiding in the ditch, Ms Williams said.
Milne eventually got out of his hiding spot – the witness said he was “unsteady” – before making his way to another address on foot.
Ms Williams said: “Police attended, and the accused was shortly after traced.
“He was seen to have a bottle of Buckfast Tonic Wine in his hand.”
He would record a breathalyser reading of 85mg of alcohol per 100ml of breath – more than three times the legal drink-driving limit.
Accepting guilt
Milne’s new solicitor, Iain Jane, told the court he had provided his client with advice on the unlikelihood of having his guilty plea withdrawn at the nth hour.
“His position would have been that any alcohol consumed would have been after driving,” he explained.
“Mr Milne accepts the advice I have proffered to him.”
Mr Jane also said Milne’s vehicle, a red Volkswagen Passat, has since been forfeited to the Crown.
Banning him from driving for 18 months, Sheriff Robert McDonald also imposed a curfew on Milne, which will prevent him from leaving his home, in Clinton Place, Sandhaven, between the hours of 9pm and 6am for the next four months.
“I’m taking into account the relatively high reading,” the sheriff added.