Teen found in car while almost four times over the limit ‘not guilty’ of drink driving

A young man avoided a drink driving conviction after convincing a sheriff he had only been waiting in his car for a lift.

Aaron Regler, 19, had been four times over the limit when police found him in his Volkswagen Golf in the early hours of 29th December.

But during a trial at Lerwick Sheriff Court today (Thursday) Regler successfully argued he had no intention of driving and was only trying to keep warm while he waited for a friend to pick him up after a night out.

The court heard how a network of young drivers spent their evenings driving around Shetland offering lifts to friends after nights out in town – and advertising their availability via the messaging app Snapchat.

On the evening of 28th December, Regler had agreed to be the nominated driver for a group of friends who were attending an evening at the Royal British Legion.

Regler said he would have dropped his friends off and then stayed around town in case anyone needed taking home later on.

However, the plans changed at around 9pm when he took up the offer of a spare ticket to the Basement Monkeys music night.

Regler told the court he returned home to Cunningsburgh to get changed and then drove back to town, parking in King Harald Street, near to the Legion where he arrived at around 10pm.

He said he drank “five or six” vodka lemonades, had an enjoyable evening and left the venue at around 2am.

After a short time chatting outside, he said he messaged his friend on Snapchat, sometime between 2.15am and 2.30am, asking for a lift.

The apprentice electrical engineer said his friend agreed to collect him at 3am.

Under questioning from defence agent Liam McAllister, Regler explained it was a feature of the app that messages permanently deleted after being read.

As the weather was cold, wet and windy, Regler said he went to wait in his car with another friend while his lift arrived.

He said he put the key “one click” into the ignition, to put the fans on to keep warm – but insisted he had no intention of driving.

Asked what would have happened if his friend had not arrived, Regler said he had other means of getting home, including booking a taxi or asking his mother to collect him.

Regler’s friend also took the stand as a defence witness, confirming his story that he had agreed to pick him up.

He said it was a regular arrangement and that Regler had also given him lifts in the past.

Procurator fiscal Duncan MacKenzie asked Regler why he had turned the ignition on his key part way – as the heating would only come on if the engine was on.

Regler said it “never cross my mind” and he just turned it on instinctively.

Mr MacKenzie also asked him why he told police he was waiting for a taxi, as opposed to a lift from his friend.

The accused said he thought it was an easier way of explaining the situation.

While Mr MacKenzie could accept the explanation at first, he said when police asked to see his call history as proof he had called for a taxi, it would have made sense for Regler to mention he was actually waiting for his friend.

Regler said he was just trying to answer the police questions and did not realise it had led to a misunderstanding.

Mr McAllister, summing up for his client, said he was a “conscientious” young man, highlighting how he had a breathalyser at home to make sure he did not drive while over the limit.

He said he had no reason to drive his car as he had other means of getting home, either a lift with his friend or, failing that, a taxi or a call to his mother.

Sheriff Ian Cruickshank said Regler had given his evidence in a “forthright manner” and did not try to evade questions.

He said his friend had been a “credible and reliable” witness.

Sheriff Cruickshank said Regler had established his defence on the “balance of probabilities” and found him not guilty.