A PRISON officer in Perth who was discovered slumped over the wheel of his car was yesterday found not guilty of drink driving—as he was living in the car at the time.

Kevin Raymond Northcott (27), c/o Tayside Police, denied that on February 5 in Scoonieburn Hill, Perth, he drove with excess alcohol (100 mics).

Depute fiscal Nicola Gillespie told the court that Northcott was reported by a concerned passer-by who saw him in his Alfa Romeo 156 in the car park outside Perth Prison, with the engine running.

Northcott said that he had been living in the car next to the jail for around three weeks after splitting up with his partner and leaving their home.

PC Michael Ness told the court, “There was a red Alfa Romeo car with a male in the driver’s seat, apparently slumped over the wheel.

“I opened the door and spoke with the occupant, who was apparently asleep. Mr Northcott was extremely confused, having just woken up.”

PC Ness explained that the accused gave no immediate explanation as to why he was there. Northcott claimed he had recently separated from his partner and had no place to stay.

He was arrested and taken to Perth police HQ, prior to being returned to start his work at the jail later the same morning.

Northcott said that he had his uniform in the car and was using the prison’s shower facilities while he was sleeping in the car.

He told the court he had gone out for the evening with friends and returned to sleep in the car after having a number of drinks.

“I would just have gone straight to sleep for my shift the next day,” he said.

“I just remember a tap on the window and I woke up and saw the fluorescent jacket through the window.

“He asked why I was there and I was breathalysed. He saw my clothes in the car.

“I had been living in the car continuously for three weeks when this happened.

“Since I had split up with my partner I had stayed the odd night with friends, but I didn’t want to put anybody out, so I took the decision to stay in my car.”

The court was told that Northcott had a girlfriend, but as they had only recently met he did not feel he could invite himself to stay with her.

He added, “I would start the engine up and get sufficient heat in the car and then switch it off. I always just sat in the driver’s seat and reclined it back.

“I have a three-quarter length jacket and kept it on.”

Northcott accepted that he was over the legal limit but was acquitted on the balance of probabilities on a charge of being drunk in charge of a vehicle.

Sheriff Fiona Tait said that he had proved to the court that there was no likelihood of him driving the car on the night in question.

She said, “In the fairly unusual and special circumstances of this case I am prepared to find you not guilty on the balance of probabilities.

“Your evidence was given in a straightforward manner and I find that there was no likelihood of you driving within the relevant period.”