Man refused to give blood sample

A van “moving unduly slowly” caught the attention of police officers early one morning on the A83 and this resulted in a self-employed joiner appearing before the October sitting of the Campbeltown Sheriff Court.

Procurator fiscal depute Rebecca Reid told the court that the incident happened on May 25 this year at 2.30am.

“Officers on patrol saw a van moving unduly slowly,” the fiscal said. “The officers then stopped the vehicle. They tried to engage the driver in conversation.”

The sole occupant, Andrew Brown, of 17 Allison Drive, Carnwath, Lanark, was described by the officers as having unfocused eyes with large pupils; he passed the roadside breath test. The officers decided to take him to Oban Police Station to take part in a blood test.

Once there, he refused to give the required specimen of blood and was cautioned and charged; failure to provide a specimen is a criminal offence and comes with an obligatory disqualification from driving of 12 months.

Brown, aged 37, admitted failing to provide a specimen of blood when required, to ascertain his ability to drive.

Brown’s defence agent Jane MacNiven presented a letter to the court in his support.

“He has had a level of difficulty recently,” she said, adding: “This incident was a turning point for Mr Brown.

“He was driving slowly because he was trying to find somewhere to park up. He does not accept he was unfit to drive because of drink or drugs.

“He was clearly upset and anxious about the situation and fear of what was happening to him took over and he refused to provide a sample.”

Sheriff Euan Cameron said that having heard all that was said on Brown’s behalf, and the impact of the loss of his driving licence on his self-employed work, his fine would be £600 and the 12-month disqualification could be reduced by three months if Brown successfully completed a driver rehabilitation course at his own expense.

“The rules are there to protect all road users,” said the sheriff.