A banned driver who fell asleep behind the wheel at a level crossing while “waiting for a train to pass” has been jailed.
Barry Miller, who has seven previous convictions for driving while disqualified, was reported to police after stopping on Kingseat Road, Dunfermline, on June 19 this year.
Miller, 39, of Leadside Crescent, Wellwood, appeared in the dock for sentencing after earlier pleading guilty to driving while disqualified and without insurance.
Dunfermline Sheriff Court heard that on June 19 police received a call saying a car was stopped in the road and both the driver and front seat passenger – a woman – were thought to be unresponsive.
Prosecutor Annie Henderson said police attended at around 11.50pm and saw Miller in the driver’s seat.
“He stated he had been waiting for a train to pass at the crossing and had fallen asleep,” the fiscal depute said.
A police system search showed Miller was a disqualified driver and had no insurance.
Buckfast thief
Miller was also sentenced for a separate crime in which he threatened to hurt a shop worker after being challenged over payment for two bottles of Buckfast.
At around 6.40pm on April 1 this year Miller entered a Premier Store on Townhill Road, Dunfermline, and picked up two bottles of Buckfast from the shelf and walked past the counter towards the exit, the fiscal said.
A member of staff followed Miller and shouted he had to pay.
The fiscal said Miller turned to face him and shouted threats in an aggressive tone which included: “Come near me, I will smash this bottle over your head”.
The shop worker was intimidated by this and contacted police as Miller fled.
He admitted behaving in a threatening or abusive manner.
Jailed
On Miller’s driving offences, defence lawyer Alexander Flett said the other person in the car had initially been the driver but appeared to be falling asleep so he took the wheel as “the least bad option in the circumstances”.
He said the frequency of Miller’s offending has “decelerated markedly” in recent years.
He had addressed previous issues with Valium but relapsed into drug misuse about five months ago and is again trying to cooperate with counselling services.
The lawyer said the April 1 offence at the shop is directly related to drug misuse.
Sheriff Susan Duff pointed out Miller has a “long list” of offending including seven previous convictions for driving while disqualified.
He was jailed for eight months and banned from driving for five years.
A four-month sentence for the shop offence will run concurrently.
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