On one of his driving offences Joshua Shan (31) refused to give a breath specimen after he was seen by officers to weave around on the road and on another – which saw him lose control of his vehicle and crash into a lamppost – he told officers he had just had one beer, when they could plainly see a collection of alcohol bottles in his car.
Shan appeared from custody via video link at Falkirk Sheriff Court last Thursday having pleaded guilty to driving without insurance on Beancross Road, Grangemouth and failing to provide a breath specimen at Falkirk Police Station on September 26 last year.
He also admitted drink driving in Kinneil Road, Bo’ness on March 5, 2021, giving a reading of 135 milligrams of alcohol in 100 millilitres of urine when the legal limit is 67 milligrams.
Procurator fiscal depute Fiona Griffin said: “It was about 3.40pm when police saw the accused driving his vehicle in a manner where he was weaving from side to side in the lane and didn’t appear to be in full control of his vehicle.
"Checks revealed he had no insurance and had purchased the vehicle he was driving just 30 minutes prior to police stopping him. Officers detected a strong smell of alcohol and his speech was slurred.
"The accused refused to provide a specimen of breath.”
On an earlier occasion police did manage to get a reading from Shand.
"It was 10.40pm,” said the procurator fiscal depute. “When the accused was driving and trying to negotiated a right hand bend when he lost control of his vehicle. It mounted the pavement and struck a lamppost.
"Other road users saw the accused’s vehicle and contacted police. Officers noticed there were bottles of alcohol strewn around the car and they could smell alcohol on the accused.
"He told them he had drunk one beer.”
Shan was taken to hospital as a precaution for suspected internal injuries.
Sheriff Derek Livingston noted the fact on one of the offences Shan had just purchased a motor vehicle just half-an-hour before being stopped by police.
"It really is a fairly amazing purchase,” he said.
Michael Lowrie, defence solicitor, said: “It was a foolish thing to do – but not the most foolish thing he’s done.”
"I’m impressed how police found him on the day of the purchase of the vehicle,” said Sheriff Derek Livingston.
Mr Lowrie said Shan, who was living in his car at the time of the earlier offence, had no recollection of the incidents and had been in custody since March 14, due to his failure to turn up for reports.
Sheriff Livingston heard Shan, 63 Dalderse Avenue, Falkirk, was now planning on living in Nottingham.
He banned him from driving for three years and told him to complete 200 hours unpaid work within 12 months.
The order was transferred down to Nottingham.