An ex-RAF man from Fife convicted of being drunk in charge of his car claimed he only turned on the engine to warm up after being cold and wet from a hot tub session.
Paul Reddington told a trial he got into his Citroen following an argument with his then-partner after watching the Rangers v Celtic game and spending the day boozing on April 7 last year.
Dunfermline Sheriff Court heard the woman contacted police after seeing the car was no longer parked at the front of the house in Oakley.
Officers attended shortly before 9pm that Sunday evening and found Reddington in the driver seat with the engine running and lights on, parked at the back of the property.
The keys were taken off him and he failed a roadside breath test.
The 40-year-old, formerly of Station Road, Oakley, was found guilty of being in charge of the car on Old Mill Lane while over the legal alcohol limit (85mics/22).
His defence had been that there was no likelihood of him driving the vehicle in the circumstances.
‘Cold and wet’
During the trial, Reddington said he had been watching the Old Firm derby and had about ten bottles of beer.
He also spent some time with neighbours in a hot tub and had a couple of beers.
Reddington said he returned home and there was an argument with his then-partner and he was told to get his stuff and “f**k off” out the house.
He said he gathered some clothes in a bag and put it in the back of the car – which he claimed was always parked at the back of the property – and that he was still wearing swimming shorts and a t-shirt.
He said: “When I got in the car, I put the engine on and put the seat right back so I could not touch the pedals and put the heating on.
“I put the heating on because I was cold and wet.”
Reddington, who has been an HGV driver for more than a year, said he was in the car for less than half-an-hour before police arrived.
He said he did not plan to drive again until the Tuesday, had “nowhere to go” and “wanted to sleep it off.”
Sheriff’s disbelief
Asked by prosecutor Azrah Yousaf if his car lights went on automatically when he turned on the ignition, Reddington said he could not be sure but thinks he would have had to turn them on.
Ms Yousaf asked why he felt the need to turn the lights on if he was not going anywhere, to which he replied: “I honestly could not answer that – probably just (for) a bit of light. I had lights on inside the car as well”.
Sheriff Susan Duff said she did not accept the position Reddington would not have driven for two days and did not find the statutory defence established and found him guilty.
The sheriff banned him from driving for one year and fined him £500.
Lost job and ‘home’
In mitigation, defence lawyer Richard Freeman said it was an unfortunate set of circumstance brought about by Reddington’s own intoxication and an argument with his then partner.
Due to a separation Reddington, who earned about £2,000 per month, has been living in the truck – a company vehicle – and has “nowhere else to go” so is now homeless as well.
Mr Freeman said Reddington was previously in the RAF for 18 years and was stationed in Iraq and Afghanistan, coming out suffering PTSD.
He was responsible for instructing fighter jets for deployment in the middle of warfare.
He has a previous analogous conviction.
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