Boozed-up brief caught driving from cop shop

Solicitor got behind the wheel at police station

A Paisley lawyer was caught drink- driving by police – after driving away from their station when a client sacked him on the spot.

Defence solicitor Manus Tolland , of Gauze Street, went to a police office in May to represent an unnamed client in an interview.

But the client sacked him because he smelled of alcohol and then told officers the lawyer had been drinking.

Tolland, 62, was then stopped by officers as he tried to drive away from the station - and tests revealed he was nearly four-times the limit.

The details emerged when Tolland appeared in the dock at Kilmarnock Sheriff Court on Friday and pleaded guilty to a charge of drink-driving.

Tolland admitted driving a Ford Focus Zetec in St Marnock Street, Kilmarnock, with 81 microgrammes of alcohol in 100ml of breath - nearly fourtimes the 22mcg limit - on May 5 .

Procurator Fiscal Depute Amanda Allan said officers were on duty within Kilmarnock police office at 9pm on the day in question.

Ms Allan explained: “They were informed by a member of the public he had just sacked his solicitor due to that person smelling of alcohol.

“They saw Mr Tolland walking away from Kilmarnock police office and walking towards a nearby car park.

“They informed other officers who followed Mr Tolland and saw him driving his motor vehicle on to St Marnock Street.

“They stopped the vehicle and spoke to him and detected smell of alcohol.

“They detained him and conveyed him back to Kilmarnock police office where he provided two samples of breath.”

Defence solicitor advocate Simon Brown said Tolland had been so over the limit at 9pm that day as he had gone to a party the night before - then drank again at lunch time.

He explained: “The previous evening he had attended a party with friends that continues into the early hours of the morning and he had consumed a considerable amount of drink.

“On the day of the offence he had gone for lunch with the same friends and had two pints, finishing around 1.30pm.

“He had gone home and was telephoned by his employer around 5.30pm and was asked to attend an interview at 9pm.

“He thought sufficient time had passed.

“He clearly miscalculated the lag from the alcohol he’d had the night before.

“This was a genuine miscalculation - it was not a situation where he decided to risk it.

“He parked his car directly across from the police station.

“There was no attempt to try and disguise it.

“He is appalled by his actions and the impact it will have on his career and his standing within the profession and shame from having to appear in court.”

After pointing out he has a previous conviction for drink driving, Sheriff Shirley Foran spared him jail.

She fined him £ 1,000 and banned him from driving for 30 months.

The fine and ban were reduced from £1,200 and 36 months as he admitted his guilt, and the ban will be reduced by a further 25 per cent if he completes a drinkdrivers’ rehabilitation scheme.

On Wednesday, when the case called for a pre- trial hearing, Tolland was blasted for not appearing to face the charge for a second time, having failed to appear at an earlier hearing.

He missed the first hearing while he was at Kilmarnock Sheriff Court, as he was involved in a trial where he was representing a sex offender, and missed proceedings as he was doing a trial at the sheriff court in his home town of Paisley.

A clearly incensed Sheriff Michael Hanlon replied: “Mr Tolland was not present on the last occasion and anyone appearing before the court is subject to the same rules as everybody else.

“There are many people before the courts who have work commitments who have to reorganise their working commitments because they are ordained to appear before the court.

“I have to say I am not happy at all by the disrespect shown to the court by twice failing to appear and not making alternative work arrangements.

“As an officer of court, Mr Tolland has obligations on an almost daily basis - most firms do.

“It is a completely unacceptable position.”

And, after hearing that prosecutors were not seeking a warrant for his arrest, Sheriff Hanlon continued the case in Tolland’s absence until yesterday and said: “Reluctantly I’m not going to take any action.

“Mr Tolland should be in absolutely no doubt - the rules apply to him as they do to everyone else.”