A motorist caused £20,000 of damage to a restaurant by smashing through the front window at speed before coming to rest at the counter.
Customers had to flee for their lives as Joshua Smith hurtled through the window of the the New Shanghai while they were waiting for food.
After halting at the counter, he revved the engine loudly and tried to reverse out of the Chinese restaurant before a brave customer managed to pull the key from his ignition.
Sheriff Gregor Murray said: “This was a particularly serious offence with particularly serious consequences for the owner of the shop.
“Two things persuade me that there is an alternative to custody – you have a strong work ethic and children to support.
“If not for those things you would be going to jail.”
He banned Smith from driving for two years and ordered him to carry out 200 hours of unpaid work in the community.
Customers dodged car
Dundee Sheriff Court heard how customers had to run when they saw Smith’s two-tonne Mitsubishi Shogun Elegance speeding towards them.
Fiscal depute Sarah High told the court: “At 8.30 pm two witnesses were in the takeaway.
“One was sitting at the shop door when she heard loud screeching.
“She looked up and saw the accused’s car hurtling towards the shop window.
“She got up and moved towards the back of the shop for safety.
“At that stage the accused’s vehicle crashed into the front of the store through the window and came to a halt just before hitting the counter.
“All the witnesses observed the accused trying to reverse by revving the engine.
“One of the witnesses who was in the takeaway intervened and removed the keys from the accused’s car.
“The owner of the shop and the two witnesses who were there to collect food were the people present.
“The one who removed the keys could smell alcohol on his breath.
“The emergency services were called and the accused was taken to the police station.”
Refused to give blood sample
Ms High told the court Smith subsequently refused to give a blood sample to officers after being taken to Ninewells Hospital.
He accused police of trying to “breach his human rights.”
She said the estimated cost of damage caused by Smith was around £20,000 and the restaurant had been forced to close.
Solicitor Gary McIlravey, defending, said: “This was a very ill-judged piece of driving.
“He has clearly recognised his culpability.”
Smith, 32, of St Ann Lane, Dundee, admitted driving dangerously and at excessive speed in Cross Street, Tayport, on September 25 this year.
He admitted causing a member of the public to take evasive action to avoid a collision, failing to keep control of his vehicle, colliding with a building and then revving the car while stationary.
He also admitted driving while he was unfit through drink or drugs and failing to provide a blood specimen to police at Ninewells.
After the incident, the restaurant posted online: “We are blessed to still be here.
“Due to an incident last night that almost wiped us all out. Stay safe guys and take care.”
