Moray drink driver who left dog in car at Elgin petrol station banned from roads

A drink driver who left his dog in the car after asking a petrol station employee to call him a taxi home has been banned from driving and given community service.

Michael Mitchell, of Church Street, Lossiemouth, had earlier driven away from the Bishopmill Service Station on Lossiemouth Road in Elgin, after telling the same staff member he was too drunk to drive.

At Elgin Sheriff Court on Thursday Sheriff Anderson, ordered the 62-year-old to complete 80 hours of community service and banned him from driving for more than a year.

A breath test found that the drunk driver, who lied to police that his car had been stolen, had an breath-alcohol level of 120mg - nearly six times the legal limit of 22mg.

Mitchell previously pleaded guilty to drink driving and attempting to pervert the course of justice.

Fiscal depute Ms Poke told that court that patrolling police officers found Mitchell’s car unoccupied but for his dog at around 11pm on Sunday, April 14, 2024.

After linking him to the vehicle, officers travelled to the home of the 62-year-old.

The man claimed that his car “had been stolen”.

Ms Poke added: “One of the officers remained at the accused’s address and the other went to check CCTV to see who had taken the car.”

However, CCTV footage from 10.30pm showed that “the accused was the driver and sole occupant in the vehicle”.

During a conversation with a member of staff at the petrol station, Ms Poke added that “the accused replied that he couldn’t drive because he was too drunk”.

The court heard that he then drove away a short time later.

“The accused returned back to the filling station and told the same witness to contact a taxi, which he duly did,” Ms Poke added.

After a positive alcohol test at home, Mitchell was then taken to Elgin police station.

At around 1.30am, he was found to have 120mg of alcohol per 100ml of breath, nearly six times the legal limit of 22mg.

Ms Poke said: “He did make comments about his mental health and his alcohol dependency.”

Solicitor Iain Maltman said the 62-year-old, who is single and lives alone, had no previous drink driving convictions.

Mitchell, he added, “was suffering and continues to suffer” from mental health difficulties and “is somebody that admits having issues with alcohol”.

However, the solicitor said the drink driving incident came during a “difficult time” and that he “had not drank to excess for a period before this”.

“This is a case where he calls a taxi and takes himself home,” Mr Maltman added.

Then, Sheriff Anderson asked Mitchell: “Have you left the dog in the car?”

The 62-year old confirmed he had, before the sheriff described the drink driver’s actions as “completely irrational”.

Mitchell was disqualified from driving for 18 months and was ordered to complete 80 hours of unpaid work as an alternative to a fine.

He was also offered a Drink Driver Rehabilitation Course which could reduce his ban by a quarter, to 13-and-a-half months.