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‘Drunk’ M90 motorist tells court ribs were too sore to give breath test

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A suspected drunken motorist failed to take a breathalyser test because he claimed his ribs were sore from a crash four days earlier.

James Abercrombie had stopped on the hard shoulder of the M90 in a car filled with beer cans.

The 28-year-old told police officers he was lost and was attempting to adjust his sat-nav.

However, officers were suspicious and he was slurring his words and smelled of alcohol. They asked him to take a breath test, which he repeatedly refused to do.

At Perth Sheriff Court, Abercrombie claimed injuries from a crash which happened days earlier near his home in Shropshire had left him too sore to comply with the request.

Depute fiscal Mairi Graham told the court: “At 9.05pm police were contacted with regard to an erratic driver.

“Constables observed the vehicle turning onto the M90 from Broxden, where they then observed it on the hard shoulder.

“Officers stopped the vehicle to make enquiries and detected a strong smell of alcohol coming from the accused. The accused appeared to be rummaging around the cabin of the vehicle.

“In the car were full and empty cans of Budweiser, which were lying on the passenger seat and in the foot well. The accused said he was lost and was trying to operate a sat nav.

“He refused to provide a breath specimen and was arrested.”

Solicitor Pauline Cullerton, defending, said Abercrombie had medical reasons for avoiding the test.

She said: “His explanation is that four days before he had been involved in a road traffic accident near his home in Shropshire. He had pain in his chest and he found it difficult to give a breath test.”

However Sheriff Lindsay Foulis said if this issue had been raised at the time officers could have made arrangements for a blood sample to be taken instead.

James Abercrombie, of Hodnet, Shropshire, admitted failing to provide two specimens of breath at Perth police station on June 18.

Sheriff Foulis jailed him for four months and banned him from the road for five years and two months. Abercrombie will have to sit the extended driving test to get his licence back.