Moray Courts - Four motorists convicted for drink and drug offences

Four motorists have appeared at Elgin Sheriff Court for offences related to either drink or drugs.

The court heard that, on July 31, a witness saw a man stretched out inside a parked car at the Findhorn eco-village. When, some time later, he was still in the same position the witness became concerned that something might be wrong.

Upon being woken up Mark Green gave the impression of being drunk, so the witness removed the car keys and contacted the police. When they arrived the officers searched the vehicle and found a bottle of vodka.

A breath test recorded a reading of 117 - more than five times the legal limit of 22. The court was told that Green, of Mosside Road, Nairn, deeply regretted his decision to sleep in his car.

It was stated that the 43-year-old had been depressed following a series of setbacks in recent years. A business he had founded closed due to the pandemic, his marriage had faltered and he’d broken his back after being the innocent party in a car crash.

Because Green had not been driving, Sheriff David Harvie decided to impose 10 penalty points - two short of the 12 that would have led to a ban. A £680 fine was also imposed.

In the second case Robert Hay was stopped on the A941 between Dufftown and Craigellachie at 9.10pm on August 12.

A subsequent drugs test revealed more than three times the amount of cannabis in his system than the level at which it reduces someone’s ability to drive safely.

The 31-year-old, of South Road, Kinloss, was banned for a year and fined £360.

In the next case the court heard that, shortly after 7.15pm on November 13, the police received a report of a suspected drink driver.

The car’s registration number was traced to a property in Kingsmills, Elgin - the home address of Mark Faulkner who was found stood beside the vehicle.

Forming the impression that he was under the influence, the officers asked him to provide a specimen of breath, to which he replied “no”.

Faulkner was taken to Elgin Police Station where he was asked again. This time he replied “not guilty”.

The court heard that the 34-year-old’s memory of the evening was “hazy” but he fully accepted his culpability.

It was also stated the former RAF serviceman, who’s currently employed as a wind turbine engineer, had previously been banned for 18 months in 2011.

Sheriff David Harvie said: “It’s a matter of concern to the court that you refused to have the breath test. Whoever it was that was public spirited enough to report you as a drink driver is to be commended.”

Faulkner was banned for another 18 months and fined £1270.

The last case saw Brandon Wheeler, a serviceman at Kinloss Barracks, receive a one-year ban and a £640 fine.

It was stated that the 23-year-old had gone to bed after having had several drinks during the evening of November 15. In the early hours of the following morning he’d then received a call from some friends who had gone into Forres and were asking for a lift back to the barracks.

Wheeler was stopped by the police at 2.25am after he was seen going the wrong way up Tollbooth Street. A breath test recorded a reading of 42, just under twice the legal limit.

Defence solicitor Megan Lee stated her client was a first-time offender. She added: “He never suspected that he was over the limit.”

* In an online article published on December 1 we stated that David Ferguson, who was banned from the roads at Elgin Sheriff Court for drink driving, had also previously been convicted for the same offence in 2011.

In fact, his prior conviction was not motoring-related. We apologise for any distress caused.