Tayside and Central Scotland

Jail for trucker caught almost six times drink drive limit

Stirling Sheriff Court Image copyright Google
Image caption Stirling Sheriff Court was told James Gallagher has a previous drink driving conviction

A man who drove a 12-tonne lorry while almost six times the drink-driving limit has been jailed for four months.

A court was told motorists contacted police to report James Gallagher's white Scania being driven erratically on the M80.

Gallagher, 49, was stopped by officers near Pirnhall Services, Stirling and found to be smelling strongly of alcohol.

He was also banned from driving for three years at Stirling Sheriff Court.

The court was told that Gallagher was stopped by police at 14:25 and, despite having had his last drink the previous night, was still 5.95 times the legal limit.

Gallagher, of Tillicoultry, Clackmannanshire, pleaded guilty to drink driving, and confessed to a social worker who prepared a background report that he would routinely drive his tipper truck with the same amount of alcohol in his body.

Previous conviction

The court heard he had a previous conviction for drink-driving in 1998, when he was banned for 14 months.

James McLean, defending, said his client was ashamed of his actions, and had been attending Alcoholics Anonymous.

He asked the court not to jail Gallagher, but to impose a community sentence instead.

Sheriff Wyllie Robertson told Gallagher: "You were nearly six times the limit, and that is a significant figure from the point of view of the level of impairment.

"What is of equal concern is that you were driving an HGV, a 12-tonne tipper lorry, and you had been doing it all day, and it is clear that this alcohol level arose from alcohol you had drunk the previous evening.

"These are huge aggravations for a serious offence, and in these circumstances there is no sentence other than a custodial sentence that is appropriate."

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