Drink driver clocked by man who watched him neck beer behind the wheel in West Lothian
Thirty-four year-old Krystian Bucholc from Poland drove away from a supermarket in West Lothian after downing a bottle of beer.
A drink driver in West Lothian was ‘shopped’ by a man who saw him buying beer in an off licence then necking the bottle behind the wheel of a car.
The witness called the police as Krystian Bucholc drove away from the Co-op store in Broxburn, a court heard.
Officers arrested the 34-year-old Polish national at his home nearby shortly afterwards and arrested him on suspicion of driving under the influence.
On the morning of his trial at Livingston Sheriff Court on Tuesday Bucholc pleaded guilty to driving with too much alcohol in his system on 25 September 2021.
He admitted giving a breathalyser reading of 47 microgrammes of alcohol in 100 millilitres of breath, more than twice the legal limit of 22 microgrammes.
His not guilty pleas to driving without a proper licence or insurance were accepted by the Crown.
Katie Adams, prosecuting, said the witness saw the accused and another man buying alcohol in the store in East Main Street at about 6pm.
The two men left the shop but, when the witness followed them outside he saw them sitting in the accused’s silver Audi A4 estate.
She said: “He saw the accused sitting in the driver’s seat drinking a large bottle of beer and took pictures on his mobile phone.
“Concerned that the accused was going to drive he contacted the police and, while he was on the phone to the police the accused began to drive along East Main Street.
“Police attended at the accused’s address where the vehicle was observed in the driveway. The accused identified himself as having been the driver of the vehicle and was arrested.”
Darryl Lovie, defending, said Bucholc was “surprised” to find he was over the limit because he felt fine at the time.
He admitted that Bucholc had a recent previous conviction for a similar offence but said that when he was banned previously he had not been given the chance to take the drink drivers’ rehabilitation course.
Sheriff Craig Findlater told the accused that the UK Parliament had seen fit to punish the offence with an automatic disqualification from holding or obtaining a driving licence.
He said there was a mandatory minimum ban of three years for a second offence.
He told Bucholc: “In these circumstances I will disqualify you for that period of 36 months.
"I’m prepared, however, in light of what l have been told, to certify you as suitable for enrolling in the drink drive rehabilitation scheme.
“In your own time and at your own expense, you’ll be able then to reduce the period of disqualification by nine months resulting in disqualification for 27 months subject to you successfully completing the course.”
He said he would mark the seriousness of the offence by imposing a fine which, given his limited financial circumstances and his broadly similar previous conviction from the recent past he would set at GBP450.
He told Bucholc he also had to pay a victim surcharge of GBP20, bringing the total financial penalty to GBP470 and allowed payment by instalments of GBP50 per month.