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Perthshire driver banned from driving for a year after refusing police breathalyser

A police breathalyser.
A police breathalyser.

Shop staff in Ballingry called the police when they saw a customer staggering before driving away in his car.

The incident resulted in 61-year-old Douglas Kyle appearing in the dock at Dunfermline Sheriff Court after he refused a breathalyser.

Kyle, of Fairdene, Leslie Road, Scotlandwell, admitted he failed to provide two specimens of breath when requested at Dunfermline police station on September 14.

The court heard he had been spotted in his car in Ballingry earlier that day and his behaviour had led to fears he was drink-driving.

Depute fiscal Azrah Yousaf said: “At around 6.30pm Mr Kyle was seen at a local shop. He appeared to be staggering and was unsteady on his feet. He got into his car and people in the shop phoned the police.”

Police went to Kyle’s home and he refused to give a breath sample, saying he had been drinking since returning home.

“He was struggling to keep hold of a bottle of vodka. He was trying to drink from it,” added the depute.

Defence solicitor James Moncrieff said his client’s position was that he was staggering because of health problems and he only started drinking when he got home.

“Because he had not been stopped by the police he thought he didn’t have to give a breath sample,” he added.

Sheriff Simon Collins banned Kyle from driving for a year and fined him £400.