A LIVINGSTON man told a court the reason he couldn’t provide police with a breath sample was because he had a cold.
Graeme McNeill tried seven times to provide a sample at Livingston Police Station after providing a positive roadside breath test for alcohol.
Fiscal depute Julia MacLaren told Livingston Sheriff Court: “On each occasion he would blow and suck, despite being told not to do so.
“As such no sample was obtained.”
However McNeill’s solicitor, Ian Smith, said his client had done his best to cooperate with the police.
Mr Smith added: “He said he had a heavy cold and he tried to give a sample.
“He simply could not catch his breath properly. He accepts that when he was blowing he would try and catch his breath but he did not deliberately suck on the machine.”
The court heard police officers stopped McNeill on Uphall Station Road at around 6.40pm on June 20.
A background check revealed there was no insurance listed for the car which McNeill admitted.
The officers could also smell alcohol on his breath and after three attempts he provided a positive roadside breath test.
The 23-year-old was then taken to Livingston Police Station where he failed to provide a sample.
Last week at the court McNeill, whose address was given as Erskine Way, Livingston, pled guilty to driving without insurance and failing to provide police with two breath samples.
His solicitor told the court he had consumed two drinks that night.
“He says that if he had been able to provide a sample he would have been under the limit,” Mr Smith added.
“His insurance had lapsed due to unemployment.”
Sheriff Daniel Kelly fined McNeill a total of £600 for the offences and banned him from the road for twelve months.