A suspected drink-driver who failed to provide two breath specimens was this week warned that a similar offence could cost him his liberty.
Financial director William McConchie, of Stagehall Farm Cottages, Stow, was sentenced to an 18-month community payback order with 180 hours of unpaid work. The 42-year-old was also banned from driving for five years and ordered to resit an extended test. A Crown motion for forfeiture of the vehicle involved was granted by Sheriff Douglas Allan.
McConchie admitted failing to give police the name of the car driver, and failing to provide two breath specimens at Galashiels police station on December 27.
Prosecutor Graham Fraser told Selkirk Sheriff Court: “After some concern over the way the car had been driven, police went to his home address.
“They found him slumped over the kitchen table, with the car keys lying next to him. He refused to say who the driver had been, and it was noted his eyes were glazed and he was smelling strongly of alcohol.
“He was taken to the police station at Galashiels, but refused to provide a sample of breath. He told police, ‘I like a blood sample’.”
Mat Patrick, defending, described his client as “an intelligent man who realises the serious position he is in”.
The lawyer added: “He had been out socialising and had drunk whisky, and accepts that he was heavily under the influence of alcohol.
“It was a bizarre decision, as he took his car, realised that he shouldn’t be driving and returned home. He was roused by police at the kitchen table where he was asleep. He was un-co-operative and regrets that.”
Mr Patrick conceded: “This is his third conviction in seven years which elevates a serious matter to something more grave.”
Sentencing McConchie, the sheriff told him: “If this order is breached, you are likely to find yourself in custody.
“The astonishing thing about this case is that it is your third offence of this nature. My initial reaction was that a prison sentence was almost inevitable in the public interest, but by the slimmest of margins you have avoided a significant custodial sentence.”