A lorry driver who failed eight times to complete a breath test has been allowed to evade a ban because he drove 100,000 miles in two years without incident.
Robert Buchan, 27, was unsteady on his feet when police spotted him beside his car in the early hours of the morning.
He was asked to provide a preliminary roadside breath test but failed to do so during three failed attempts in Finglas Street, Dundee.
Buchan was then taken to police headquarters, where he made a further five attempts but failed to get a reading as he was not completing the test properly.
He admitted two charges of failing to provide breath specimens after being suspected of drink or drug-driving in the city on September 24 2021.
But he was allowed to keep his licence after telling Dundee Sheriff Court he had worked as a lorry driver for two years and had driven 1,000 miles a week without incident.
Sheriff Alistair Carmichael said: “I am not going to disqualify you.
“You are a road haulier driving a lot of miles and I will take the view you are a responsible driver.
“You have got to be very careful about how you drive.”
He imposed seven penalty points and fined Buchan £400.
‘Never so much as a parking ticket’
Fiscal depute Carol Docherty told the court: “At 1.30am two police officers on mobile patrol saw the accused standing beside his Ford Fiesta.
“They spoke to the accused and due to him being unsteady on his feet, they asked him to provide a specimen of breath.
“The accused was given three opportunities but he was only blowing for short times and he was not giving enough to be analysed.”
She said he was given five more tries at the police station but was not putting his mouth around the tube properly so gave no reading.
Solicitor Anika Jethwa, defending, said: “His position is that he had been at a friend’s house and had been drinking.
“He returned home on foot and had gone to the vehicle because he had left his house keys in it.
“His plea is tendered on the basis that he had not been driving but had entered the vehicle to retrieve keys.
“He has been driving for ten years.
“He has been working as a long-distance lorry driver for two years.
“He would obviously lose that job if he was disqualified.
“He drives 1,000 miles per week.
“He has never had so much as a parking ticket.”
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