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Angus man banned after five times the limit drink drive offence

Alan Smith
Alan Smith

A brain-injured Angus man was found to be five times the drink-drive limit after shocked witnesses saw him abandon his damaged sportscar in the centre of Arbroath.

Police received several phone calls from members of the public who were worried about the way 49-year-old Alan Smith was driving the Audi TT he had bought just weeks before.

The vehicle was badly damaged when it came to a halt in Arbroath’s Marketgate around 7pm on March 11.

Smith was seen running away from it and was found by police shortly after.

Depute fiscal Jill Drummond told Forfar Sheriff Court witnesses confirmed Smith had been the driver.

“He was found in possession of the car keys and provided a positive roadside specimen,” the fiscal added.

“He was taken to his home to provide identification and gave officers details of purchasing the car only three weeks before.”

A further breath test revealed a count of 110 microgrammes against a legal limit of 22.

Smith, of Annfield Road, Arbroath admitted driving with excess alcohol on March 11.

The court heard that when he was charged with the offence he replied: “I’m guilty and I’m stupid.”

Defence solicitor Nick Whelan said his client had been involved in a serious road accident a number of years ago and had suffered a brain injury which left him unable to work.

“Clearly there is a high level of regret on his part,” added the solicitor.

“He woke up having had a drink, thinking it was am when it was actually still pm and he thought he was okay to drive.”

Sheriff Gregor Murray told Smith: “The reading in your case is very high.

“The possibility of someone who has what appears to be a significant alcohol problem and significant other difficulties with considerable support, and something like this crops up show that there is perhaps something missing from the full situation here.

“Notwithstanding your lack of convictions, I do not think it is appropriate to fine you in this case.”

Smith was banned from the road for 20 months and placed on a one-year community payback order with supervision.

A Crown motion for forfeiture of the vehicle was rejected after the court heard a friend of Smith’s had taken over its ownership to “place it outwith his reach”.