A SELF-EMPLOYED gardener has been disqualified from driving for 19 months after failing to give a blood sample when suspected of being over the alcohol limit, Selkirk Sheriff Court has heard.
Gordon Finlay of Abbotseat, Kelso, had been pulled over by police who were concerned about the manner of his driving at roadworks on the A68 at Soutra Hill on November 6.
They suspected the 37-year-old was intoxicated but when he was taken to Duns Police Station he refused to give a blood sample and told them to put him back in his cell.
Procurator fiscal Graham Fraser said: "It was not possible to take the sample properly."
His lawyer told the court that father-of-two Finlay mistakenly believed he was within his rights to refuse a blood sample.
He added that the inevitable disqualification was going to affect his business dearly.
Sheriff Peter Paterson said that due to the blatant nature of the categorical refusal of refusing to give the sample that he was obliged to give, he would ban Finlay from the road for 19 months - which included a one month reduction due to the guilty plea.
Finlay was also fined £250.
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