Drink-driver found with cider in hand keeps his licence.

Crown was unable to get reading to say how far he was over limit

A drunken motorist who parked at a bus stop and fell asleep with an open tin of cider in his hand has been allowed to stay on the road.

Andrew Rockett, of Methven, who had also consumed part of a bottle of wine, has been told he can carry on driving.

A sheriff was told bids to take breath, blood and urine samples had all failed to provide a reading.

Fiscal depute Clare Kennedy told Perth Sheriff Court the 56-year-old was very drunk at the wheel with the engine running as he parked in a bus stop on the A85.

However, she said the Crown was unable to say how far over the limit he was and a sheriff described it as a “unique case” and refused to ban Rockett from driving.

Rockett admitted being drunk in charge of a vehicle near his home on July 22.

He had six penalty points imposed and was not fined.

Miss Kennedy said: “At 3.50pm Police Scotland received information that a car was parked in the Main Street in Methven, with the driver asleep at the wheel with a tin of cider in his hand.

“Police arrived and observed the vehicle parked in a bus stop. The engine was running and the lights were on. The accused was in the driver’s seat with the keys in the ignition and the open tin in his hand.

“One of the officers knocked on the window but the accused did not respond. There was an open bottle of wine on the passenger’s seat which appeared partially consumed.

“Officers shook the vehicle and that woke him. There was a strong smell of alcohol and he failed a roadside breath test.”

She said the police alcohol testing machine gave inaccurate readings and Rockett was unable to give a blood sample. He then gave a urine sample.

She said the urine test showed Rockett had a “high level” of alcohol in his system but it was unable to provide an exact figure due to an issue with fluoride levels.

Sheriff Ross Macfarlane QC said: “So how do we know how much alcohol was in his system? Neither a breath, nor a blood, nor a urine test can tell us that.

“This is a rather exceptional case for a number of reasons. The Crown cannot actually tell me how much alcohol was in your breath, blood or urine but it is accepted by you that you were over the limit.

“I’m not going to disqualify you because the Crown case against you was perhaps unique because they cannot tell me much.”

This is a rather exceptional case for a number of reasons. The Crown cannot actually tell me how much alcohol was in your breath, blood or urine. SHERIFF ROSS MACFARLANE

Andrew Rockett of Methven admitted being drunk in charge of a vehicle but kept his licence.