An Angus businessman had a blackout and cannot remember refusing to provide police with samples after causing an A90 road smash, weeks before committing a second driving offence.
Tailgater Stuart McKenzie admitted five offences at Forfar Sheriff Court, including resisting arrest.
McKenzie has been banned for a separate incident since the two allegations of careless driving in December 2021 came to light.
One of those involved rear-ending a car on the dual carriageway and needing to be pulled from his van while unresponsive.
A90 crash
The court was told, at 6pm on December 13 in 2021, a motorist on the A90 noticed McKenzie tailgating them near the Glamis junction.
McKenzie overtook at speed and a short time later, two people in a Citroen further along the dual carriageway noticed McKenzie tailgating them too.
He ploughed his van into the rear of the vehicle and both lost control.
McKenzie’s van came to rest on its side in a live lane of traffic and the Citroen collided with a crash barrier.
Having not sustained serious injuries, the couple got out to check on McKenzie.
He was unresponsive and had to have the windscreen removed to be reached when emergency services arrived.
Although he was breathing normally, he remained unresponsive and was taken to Ninewells.
When police told him they needed a blood sample, “aggressive” McKenzie refused and told them he had a needle phobia, despite them being used in his treatment immediately prior.
Second incident
Under three weeks later, on Hogmanay 2021, motorists travelling from Brechin to Montrose noticed McKenzie in a different van.
He clipped a grass verge and crossed the central line so a passenger in the following vehicle called 999.
They stayed on the phone and followed McKenzie to Kingsmuir.
He was observed reversing into a driveway and entering the building.
Police attended and both he and his wife told officers she had been driving but when she spoke with them separately, she told them the truth.
McKenzie was told to provide a breath sample and failed to do so.
When handcuffs were being applied, he tensed up to resist arrest.
‘Heavy medication’
McKenzie, 42, of Lownie Road in Kingsmuir, admitted driving drove carelessly and failing to provide a blood sample on December 13 2021.
He was on two bail orders at the time.
He also admitted driving carelessly on the A90 and other roads on December 31 2021, resisting arrest and failing to provide a breath sample.
His solicitor told the court: “In relation to the offences on December 13… he tells me he has no recollection of the driving.
“He doesn’t recall refusing to give a specimen.
“He doesn’t accept that he was drinking alcohol at the time.
“He accepts that his mental health plays a large part of what’s happened here.
“He tells me he was running his business and he has had what he considers a mental breakdown.
“He was seeing a therapist – he actually was seeing the therapist on that day and he was on some quite heavy medication.
“In relation to the offences on December 31, he accepts he probably shouldn’t have been driving, given the events on December 13.”
The lawyer said his client has sought treatment
“He’s had no blackouts as he’d previously had.
“He no longer drives.”
Awaiting sentence
The court heard that last year, McKenzie was hit with a 21-month driving ban for a DR60 offence – failure to provide a specimen for analysis in circumstances other than driving or attempting to drive.
Sheriff Krista Johnston deferred sentencing until the new year.
She said: “This has clearly been a course of conduct of appalling driving, endangering both himself and others in a significant way, and the court takes that very seriously.”
McKenzie will return to the dock on January 11.
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