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Published: Wednesday, 3rd September, 2008 12:30

Drink driver caught twice within days of passing driving test

By Court Reporter

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Drink driver Ryan Barclay has been banned from driving for 18 months.

A NEW driver from Tullibody who was caught drink driving twice within days of passing his test has been banned for 18 months.

At Alloa Sheriff Court on Monday, Ryan Barclay (23), of Newbiggin Crescent, admitted driving whilst over the limit on Saturday 9 August this year – only four days after passing his driving test – on Stirling Road in Alloa.

He was pulled over for a second time, a matter of hours later, early on Sunday 10 August and again failed a breath test this time on the A907 Tullibody to Alloa road.

Barclay also admitted a separate charge of breaking an undertaking signed on his release from Stirling Police Station for the first offence stating he would not break the law.

Depute fiscal Mike McMahon told the court that on the evening in question officers were asked to watch for a vehicle being driven erratically.

Barclay was pulled over shortly afterwards and officers noticed he smelt of stale alcohol, had glazed pupils and was unsteady on his feet once outside the vehicle.

He failed a roadside breath test and the subsequent blood test revealed Barclay to have 89 microgrammes of alcohol in 100 millilitres of blood – the limit is 35 microgrammes.

Police released Barclay at 10pm and a few hours later in the early hours of Sunday morning he was pulled over once again and again smelt of stale alcohol. Back at the police station Barclay was found to have 69 microgrammes of alcohol in his blood stream.

George Higgins, defending Barclay, said it was a short lived driving career for his client.

Mr Higgins said that after the first incident “he misjudged his alcohol consumption. He went home to Tullibody and after a sleep he felt able to drive.”

Mr Higgins added, “It is not a situation where he started drinking again.”

If the unemployed Barclay had been convicted of the first offence before committing the second he would have faced an automatic three year ban.

In addition to the 18 month ban Sheriff Gerard Sinclair fined Barclay £700 and ordered him to retake his test once his ban comes to an end.

Sheriff Sinclair said, “It is particularly unsettling that someone who passes a test within days is driving with this level of alcohol in their system.”

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