AN Irvine man who fell foul of Scotland’s new drink drive limit by drinking just one can of beer has been fined.

James Wallace, of Paterson Avenue, was found driving under the influence and without a licence on December 13 last year in Cochrane Street.

Kilmarnock Sheriff Court heard last week how police on patrol stopped Wallace’s vehicle at around 10pm for a routine check.

The officers found Wallace to be the driver of the car and along with noting passengers in the back seat they could detect a smell of alcohol.

It was at this point that the 38-year-old admitted he did not have insurance and only held a provisional licence.

A check was carried out on the Police National Computer (PNC) which showed that Wallace’s provisional had actually expired.

The court was told that Wallace had failed the roadside breath test and was taken to Saltcoats Police Office.

At the police office, Wallace tested 35 microgrammes in 100 mililetres of breath, exceeding the new limit of 22 microgrammes.

When responding to being cautioned and charged by police, Wallace said: “I hold my hands up, guilty as charged.” He appeared from custody at Kilmarnock Sheriff Court last week and pled guilty.

The court heard from Wallace’s lawyer, Brian Holliman, that he was due to be released from prison on January 30.

Mr Holliman added that Wallace had been with friends and one of them – who owns the car – had suffered a panic attack shortly before the vehicle was stopped.

In a bid to help his friend leave the scene, Mr Holliman revealed that Wallace took it upon himself to drive him.

He said that Wallace believed he was okay to drive after consuming a can of beer but was not aware of the new limit.

Presiding Sheriff Shirley Foran fined Wallace a total of £700 and disqualified him from driving for three years.