Disqualified man drove car off the road while over the limit

A North Roe man who drove a car off the road while over the limit months after losing his licence has been banned from the road for five years.

Declan Harrison, 22, admitted driving on a road at North Roe Church with 184 milligrammes of alcohol in 100ml of blood on 3rd May.

This was above the legal limit of 50 milligrammes per 100ml.

Harrison also admitted driving while disqualified and without having insurance.

Procurator fiscal Duncan MacKenzie said the offence occurred in the early hours of the morning and police had been passed on reports of a disqualified driver on the road.

They found Harrison in the vehicle, which was wedged at the side of the road.

Harrison failed a roadside test and was arrested and taken to the police station.

Defence agent Tommy Allan said his client had had his difficulties and Asperger Syndrome was something Harrison struggled with.

Alcohol was part of his coping strategy, he said and at the time of the event Harrison was feeling particularly low, having become unemployed, as well as having living conditions he “endured”.

“He takes full responsibility for this and does feel remorse for this,” Mr Allan said.

He said there would be “real concerns” about how Harrison would cope in custody.

Sheriff Philip Mann said: “I’m really concerned about this because your disqualification was imposed in January this year.

“A very short time after that you have driven whilst disqualified. Again you have driven over the alcohol limit which was the reason for the disqualification in the first place.”

The offences were serious, he said because they affected the safety of the public.

After “anxious consideration” sheriff Mann said he decided against a custodial sentence.

He said he needed to be aware that Harrison had Asperger’s, though it was clear this was not to curry favour or for sympathy.

“Asperger’s does not mean that you make involuntary decisions,” sheriff Mann said.

“You still make conscious decisions and you know what is right and what is wrong and you choose particular courses of action.”

Harrison was also given an 18-month community payback order as well as a fine of £850.