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Dundee man who got drunk in his car banned from the road for 18 months

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Police officers who went to challenge a driver over his bizarre parking position watched in horror as he “slid” out of the car and crawled away.

Dundonian Kevin O’Connor was subsequently found to be more than three and a half times over the limit. Cupar Sheriff Court heard on Monday that the 48 year-old had spent the night drinking in his car after a friend had failed to turn up for a night out in Anstruther.

O’Connor, of Dens Road, Dundee, admitted that on May 6 he was in charge of a vehicle while under the influence of excess alcohol (128 mics, the legal limit is 35).

His solicitor insisted his client had “no intention” of driving and said he had started drinking as he waited for a female friend to turn up. However, he acknowledged it was foolish for O’Connor to have drunk so heavily while sitting in the car.

Depute fiscal Diana MacDonald said: “Police officers were on patrol in Anstruther at around 10.50pm on the night in question when they noticed the accused’s vehicle parked in a manner that seemed to be causing an obstruction.

“They could see the accused sitting in the driver’s seat and went to speak to him so they could discuss the manner of his parking.” However, before they reached the car, O’Connor made a far from dignified exit.

“The officers saw him slide out of the door and crawl on to the ground,” Ms MacDonald said. “He eventually managed to get up and walked down the road but he was very unsteady on his feet. Officers also noticed a strong smell of alcohol coming from the accused.”

Ms MacDonald said O’Connor was promptly ordered to give a breath test and, when subsequently cautioned and charged, made no reply.

Solicitor Alan Davie insisted that, despite boozing while behind the wheel, O’Connor had never intended to drive.

“Mr O’Connor had made arrangements the previous night to travel from Dundee to Anstruther where he was going to be staying with a friend,” the defence agent told the court. “They were going to be consuming alcohol together… and when he arrived in Anstruther at about 6pm he tried to get his friend on the phone.”

When he was unable to get hold of her, O’Connor simply decided to start drinking on his own. “He made the foolish decision to consume alcohol while waiting in his car,” Mr Davie said.

“Mr O’Connor had been sitting in the car for a number of hours and had consumed a significant quantity of alcohol when the officers arrived. He tells me he would not have driven… and his friend actually arrived when the police were in attendance.”

Mr Davie said that O’Connor, who is unemployed, is hoping to find work having recently completed an HND in computing. He insisted his client does not have any “underlying issues” with alcohol.

“There is no great problem but he does have a tendency to binge drink,” Mr Davie added.

Sheriff Charles Macnair noted that it was an “extremely high” reading. “If you had been driving I would have been disqualifying you for a very substantial period,” he said. “I must take into account the amount of alcohol and look at the likelihood of you driving had your friend not turned up.”

O’Connor was banned from driving for 18 months and fined £540.