An alarmed Angus motorist saw a five-times the limit drink-driver stagger from his car with an empty vodka bottle before smashing it in a failed attempt to put it in a roadside bin.
Former ambulance service patient transport driver James Byrne then got back behind the wheel and pulled off on a road busy with schoolchildren.
But the 65-year-old was collared by police at his home shortly afterwards and gave a lower alcohol reading of 116 microgrammes – just over five times the legal limit of 22.
The pensioner was fined and banned by a sheriff, who refused to allow Byrne to undertake a drink-driver rehabilitation course after condemning him for deciding to drink in the car.
Depute fiscal Kirsten Thomson told Forfar sheriff court another motorist driving along Dubton Terrace in Hillside, near Montrose saw the accused parked in a bust stop on the afternoon of February 22.
“They saw him get out and walk towards the bus shelter, unsteady on his feet and carrying an empty bottle of vodka,” said the fiscal.
“He tried to put the bottle in the bin but failed to do so and it smashed.
“Due to the amount of schoolchildren around at the time, the other motorist took a photo of the vehicle and contacted the police.”
Byrne admitted being the driver and was kept in custody after delivering the “extremely high reading”.
Defence solicitor Nick Markowski said his client had recently retired after more than 16 years as a patient transport driver with the Scottish Ambulance Service.
“This was an extremely bad week for him. His relationship broke down and it was an extremely stressful time.
“He wasn’t coping, he had been drinking the day before and went out to a shop. He realises what he did was wrong, but there is no underlying alcohol issue.
“He is well aware, given the high reading, that the period of disqualification will be in excess of the 12-month minimum.
“He apologises to the court for this offence and didn’t anticipate he would be appearing in the dock at this stage of his life,” added Mr Markowski.
Rejecting a plea for Byrne to be allowed to take part in the drivers’ course which would reduce the length of the ban, Sheriff Gregor Murray said: “Anyone who voluntarily goes into their car and drinks from a bottle of vodka known what they are doing and I don’t think any rehabilitation course is going to change that.”
He fined Byrne, of Standard Close, Montrose £600 and banned him from driving for 27 months.
