A Fife joiner has been found guilty of driving while nearly four times the legal limit.
A sheriff rejected Konrad Komendalowicz’s claims that he drank beers and whisky after he drove back to his home in Kelty.
The 43-year-old had been under the influence when he drove between his ex partner’s home in Dunfermline to his own house – a distance of more than five miles – on January 3, 2020.
Komendalowicz, of Black Road, Kelty, claimed during a trial at Dunfermline Sheriff Court that he had consumed two cans of Stella lager and a third of a bottle of whisky after returning to his house.
But police had been alerted by a concerned neighbour of his ex-partner in Abel Place who saw Komendalowicz stumbling on stairs outside her house and struggling to drive away.
No alcohol in the house
Officers arrived at Komendalowicz’s home in Kelty around 9.45pm and entered to find him sitting in a bedroom.
One police witness told the court she could smell alcohol on Komendalowicz and his speech was slurred but that they did not find any alcohol in his house.
He was later breathalysed and gave a reading of 83 micrograms (mcg) of alcohol in 100 millilitres (ml) of breath. The legal limit is 22 mcg/100ml.
Senior fiscal depute Azrah Yousaf told the court that Mr Komendalowicz’s story of driving for over two miles with a flat tyre to then drink alcohol at home almost “beggars belief.”
She said: “I would submit that the Crown have gone beyond reasonable doubt that Mr Komendalowicz did indeed drive the vehicle from Dunfermline to Kelty while under the influence of alcohol.
“The truth would be that Mr Komendalowicz did have an argument with his partner after he had been drinking and left the property and drove off.”
Banned from the road
Sheriff Lindsay Foulis favoured the evidence given in court by a neighbour and police witnesses and fined Komendalowicz £900.
Komendalowicz was also disqualified from driving for two years.
The driving ban will be cut to 18 months should he successfully complete a drink driver rehabilitation course.
Sheriff Foulis said: “There is no doubt in this case that the Crown has led sufficient evidence to result in a conviction.”
Defence lawyer Aimee Allan told the court her client usually uses his own vehicle for work and is currently self-employed and working with a contractor and would need to speak with them about continuing this work.
