A lorry driver was “astonished” to be over the drink-drive limit at Dunfermline’s Amazon depot after drinking “one Stella” and swallowing Listerine mouthwash, a court has heard.
Petricia Anghelache, a 42-year-old Romanian national, pled guilty to driving an HGV at the site after consuming excess alcohol (27mics/ 22).
His defence lawyer is seeking an absolute discharge, meaning no conviction would be recorded.
He will have a chance to argue against disqualification later this year.
Alcohol limit difference in England
Dunfermline Sheriff Court heard Anghelache, who lives in Doncaster, was driving a large articulated HGV to the city’s Amazon warehouse and arrived there at about 9:45pm on May 30.
Fiscal depute Azrah Yousaf told the court police were contacted after Anghelache spoke to a staff member, who could smell alcohol.
His keys were removed and when officers arrived two hours later, Anghelache confirmed he was the driver.
The marginal reading was returned at the police station.
“In fairness to the accused, police mentioned in their report that he was astonished that he was over the limit”, said the prosecutor.
Defence lawyer Peter Robertson said a few hours earlier, Anghelache had been dining with a friend.
“He tells me he had one Stella Artois and then, after that, he had been using mouthwash and used it on two occasions”.
Mr Robertson said his client used Listerine but was unaware of the alcohol content and had swallowed it.
The lawyer continued: “He is a person who usually lives in England and was not aware of the Scottish law.
“I know it’s no excuse, however he was under the belief, and I would submit genuinely, he was under the prescribed limit – but he was not.
“With that reading he may well have at least been fit to drive the vehicle but he was foul of the law”.
The legal alcohol in breath limit in England is 35mics in 100ml of breath, which was the legal limit in Scotland until 2014.
UK status at risk
Mr Robertson said his client’s status in the UK is at the point of pre-settlement and he requires to keep his job to be able to stay in the country longer term.
He says Anghelache sends money back to Romania each week for his child and his parents, who need medical treatment.
Sheriff Susan Duff stressed she will need to see vouching of the information presented to her in court.
The sheriff told Anghelache, who was aided by an interpreter in court: “I am going to fix a proof on whether there are special reasons not to disqualify you (from driving) or whether there is exceptional hardship that would be caused if you were disqualified.
“In the intervening period, given the issues that remain outstanding, I will not disqualify you ad interim (in the meantime)”.
A proof has been fixed for August 1.
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