Stenhousemuir driver refused to take breath test twice

A drunk driver was the biggest fool when he deliberately prevented officers from getting a breath test reading on April 1 and told officers “I was steaming so I knew I was going to be over”.
By Court Reporter
Published 25th Jan 2022, 17:41 BST
Updated 25th Jan 2022, 17:42 BST
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Jack McCracken ( 21) appeared at Falkirk Sheriff Court last Thursday having admitted failing to provide a breath specimen at Falkirk Police Station on April 1, 2020.

Procurator fiscal depute Rose Wilson said: “It was 2.34am and officers saw the accused in his vehicle at the roadside. He was taken to Falkirk Police Station and at 3.31am he was required to provide a specimen of breath.

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"The accused pretended to blow on the mouthpiece, but he was not blowing properly despite him being given clear instructions. Then he placed his mouth on the mouthpiece again and made no attempt to blow into the device, he was only pretending to do so.”

McCracken failed to provide police with a breath specimen at the roadside and in the police stationMcCracken failed to provide police with a breath specimen at the roadside and in the police station
McCracken failed to provide police with a breath specimen at the roadside and in the police station
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Martin Morrow, defence solicitor, said: “The offence itself was two years ago when he as 19.”.

Sheriff Derek Livingston noted the explanation McCracken gave police – “I knew I was steaming so I knew I was going to be over”.

Mr Morrow said: “He acknowledges he wasted police time.”

Addressing McCracken, Sheriff Livingston said: “Within a short period of time you have committed two similar offences. There was an offence in September 2020 as well.”

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McCracken was banned from driving for three years and placed on a supervised community payback order for two years with the condition he complete 200 hours unpaid work within 12 months.

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