Man Caught Driving At More Than Four-And-A-Half Dodges Jail
A man who was caught driving at more than four-and-a-half times the drink drive limit - then claimed he had stopped drinking the night before - has dodged jail.
Martin Gavigan was pulled over on the A91 road between Auchtermuchty and Cupar after other motorists called cops to complain about his erratic driving.
When Gavigan was pulled over cops found a bottle of wine sitting on the front passenger seat.
But the 43-year-old insisted he had last drank the previous night.
When he was later breathalysed at a police station officers found he had a reading of 159 microgrammes - more than four-and-a-half times the legal limit.
Gavigan's own solicitor admitted that he had "put other road users at risk" - but had only driven because his "wife had requested he come home".
A sheriff today told Gavigan that a custodial sentence would have been an option in his case - but instead gave him unpaid work and banned him from the road for three years.
Fiscal depute Douglas Wiseman told Dundee Sheriff Court that Gavigan had been pulled over just before 11am on August 26 after reports to police about the quality of his driving.
Police officers involved in the stop said there was a strong smell of alcohol and saw a bottle of wine on the front passenger seat.
However, the accused maintained he had last consumed alcohol the previous day.
Gavigan, 43, of MacDonald Court, Larbert, pleaded guilty to having a breath alcohol reading of 159 microgrammes in 100 millilitres of breath after being stopped by police on the A91 Melville Lodges to Auchtermuchty Road on August 26.
The legal limit is 35 mics.
Defence solicitor Kevin Hampton said: "His explanation for this is that he had not planned to drive his vehicle.
"He had drank to excess and his wife had contacted him requesting he returned home.
"He made a huge error of judgement and put other road users in danger.
"He's a man of no previous convictions.
"He understands that given the reading a fine would be inappropriate and he knows a custodial sentence is possible."
Sheriff Tom Hughes imposed a community payback order with 250 hours unpaid work and banned Gavigan from the road for three years.
He said: "For someone so far over the limit a custodial sentence would often be appropriate.
"However, you are a first offender and there are unusual circumstances."