A driver seen “staggering” away from a vehicle he abandoned at the roadside near Huntly had made a “miscalculation” about his alcohol consumption, a court was told.
Robert Gibson appeared in the dock at Aberdeen Sheriff Court, where he admitted getting behind the wheel while under the influence of alcohol.
Eyewitnesses saw the 49-year-old dad-of-two on the side of the A97 between Rhynie and Huntly last summer.
They observed him shuffling away from his vehicle during the early hours of the morning.
When tested by the police, Gibson was discovered to be more than twice the legal limit for alcohol.
‘He appeared very drunk’
Gibson’s solicitor, Andrew Ormiston, told the court that his client had been drinking the previous day but believed he was fine to drive.
Fiscal depute Maliya Ngalam told the court that around 12.15am on July 6 2024, two witnesses saw Gibson unsteadily walking away from his car on the side of the A97.
“At this time, he appeared very drunk,” Ms Ngalam said, adding that the witnesses phoned 999.
“Constables attended and took the accused a short distance away from his vehicle and noted that he was staggering as he walked,” the fiscal depute explained.
When breathalysed, Gibson gave a reading of 58mcg of alcohol in 100ml of breath. The legal limit is 22mcg.
In the dock, Gibson pled guilty to being in charge of a motor vehicle while exceeding the drink-drive limit.
‘Miscalculation’
Defence solicitor Andrew Ormiston told the court that his client had made a “miscalculation” of “the effect of consumption of alcohol”.
Mr Ormiston added: “The circumstances are that he had been drinking the previous day while watching TV.
“Mr Gibson came to drive the vehicle after he had an argument with his partner and left the property, and felt fine despite the alcohol he had consumed the previous day, but he was over the limit.
“He failed to take account of his previous alcohol consumption,” the lawyer explained.
However, Sheriff Lesley Johnston told Gibson: “You were more than double the limit on this occasion.
“Driving whilst under the influence of alcohol poses a risk to both you and other road users. You’re fortunate your actions didn’t cause any injury to others.”
The sheriff banned Gibson, of Main Street, Lumsden, from driving for 12 months and ordered him to pay a fine of £520.
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