A Perthshire man has been jailed for six months after a court heard he was so heavily under the influence of drugs as he completed a school run that he fell asleep in a service station cafe.
Attempts by Fergus Kennedy to wake himself up by downing coffee at Ballinluig Services completely failed as staff anxiously watched the 44-year-old drop off at his table.
Just minutes earlier, on September 29, 2010, the accused had been causing concern to motorists on the A9 due to his erratic driving as he made his way to collect his children from school.
Many drivers were so worried that they contacted police and officers traced him to the Highland Perthshire cafe, popular with tourists and lorry drivers.
At Perth Sheriff Court, depute fiscal Robbie Brown said: “Officers formed the opinion that the accused was under the influence of something.
“He gave a negative breath test and a search for drugs about his person also proved negative. They carried out an impairment test and, according to the police report, he performed this badly.”
Blood samples taken from Kennedy revealed he had taken diazepam and desmethyldiazepam medication.
Officers also discovered that his driving licence had expired as he had failed to reapply following an earlier period of disqualification.
Defence agent Douglas Williams told the court his client was trying to wean himself off methadone by purchasing diazepam tablets online.
“On the night before, he had taken a number of these and this took him into the next afternoon,” he said. “He realised he was extremely drowsy during the course of his journey and drove off the road.
“He parked up his car and went to get some coffee, as well as make arrangements for his children to get collected and for him to get back home.”Appalling recordDescribing Kennedy’s record as “appalling”, Mr Williams urged the court to consider the steps taken by the accused to turn his life around and take on responsibility for his children.
The solicitor also explained the circumstances of Kennedy and his wife.
“They are together in the interests of the children,” Mr Williams said. “Mrs Kennedy has obtained work and is the main contributor to the household, while Mr Kennedy is the main carer.
“My submission is that a period of imprisonment would have a devastating effect on the family.”
Kennedy, of Fincastle, near Pitlochry, admitted that on September 29 last year, on the A9 Perth to Inverness road, near to its junction with Ballinluig and at the service road leading to Ballinluig Services, he drove while unfit through drink or drugs.
He also admitted that on the same date and at the same location, he drove without holding a valid licence.
Despite describing Mr Williams’ defence as “eloquent”, Sheriff Lindsay Foulis said that he would be “failing in his duty” if he did not impose a custodial sentence as Kennedy was disqualified from driving in 2006 following a similar offence.
He said: “I also have to take account of the fact that the disposal may have a significant effect on others.
“The fact of the matter is that on the date in question, you constituted a considerable hazard to other road users at a time when the road would almost certainly have been pretty busy. I do not consider that I would be doing my duty if I did not impose a custodial sentence.”
As well as a six-month prison sentence, Kennedy was also disqualified from driving for five years and ordered to sit an extended test.