Sheriff bans driver who fell off the wagon

A stonemason found slumped at the wheel of a car on a rural road who then refused to give a specimen of breath to police has been banned from the road for a year.

Kristopher Muir, pictured, will also carry out 65 hours of unpaid work under a nine-month community payback order after the festive season offence near Dundee.

Forfar Sheriff Court heard police received a call from a member of the public around 8.30pm on December 27 and found Muir in the car on an unclassified road near his Sidlaws home.

Depute fiscal Jill Drummond told the court the keys of the vehicle were still in the ignition and police could immediately smell alcohol from the 37-year-old.

“He was slurring his words and also voluntarily stated he had “****** up”,” the fiscal told the court.

She added: “He was arrested and revealed that he did not have insurance.”

At police headquarters in Dundee, Muir was asked to provide a sample of breath, but did not blow sufficiently hard enough to provide a reading.

Police made another attempt to get him to provide a sample, but he failed that too.

Muir, of Jeanfield Farm Cottage, Strathmartine, admitted charges of failing to provide a sample of breath while in charge of a vehicle and having no insurance.

Defence solicitor Michael Boyd said: “It was his brother’s vehicle.

“He has had alcohol problems but had gone through an extended period of abstinence.

“There was a relapse and he had jumped in the car to go to Dundee to buy more alcohol.

“He fully accepts responsibility for the matters before the court,” added Mr Boyd.

Sheriff Jillian Martin-brown said: “It seems this offence was committed following a lapse into alcohol after 10 years of sobriety.”