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Shop worker fined £300 for refusing to give breath test

Inverness Sheriff Court
Inverness Sheriff Court

A shop worker refused to give police a breath specimen when officers went to investigate a vehicle being revved in the early hours of a September morning.

Nicholas Finlay, 34, of The Chapel House, Stratherrick, near Inverness, appeared at the city’s sheriff court yesterday and admitted failing to provide a roadside breath test on September 29, 2013, in Diriebught Road, Inverness.

The court was told that, when officers questioned him, Finlay told them: “I didn’t drive it. I ran it to keep warm.”

Fiscal depute Martina Eastwood told the court that the officers did not have a breath tester with them and they had to wait for one to arrive.

“When he was asked to give a specimen, he replied: ‘Blow it yourself’.”

Defence solicitor Neil Wilson said his client was unaware he had to give a specimen even if he had not been driving the vehicle.

He added: “He lives 22 miles from Inverness and needs his licence for travel and his work.”

Sheriff David Hall decided against disqualifying Finlay, instead fining him £300 and endorsing his licence with four penalty points.