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Driver ‘could have been killed’ after crashing into trees off A92 in Fife

David Tod initially told police he had been boozing, then refused to provide a blood sample.

The crash happened on the A92 close to the Lochgelly junction.
The A92 at Lochgelly. Image: Google Street View

A driver crashed into trees after losing control of his car on the A92 in Fife, then told police he had been boozing.

But David Tod later refused to give a blood sample despite his admission.

Three months before the December 2023 crash, Tod was caught driving while disqualified.

The 30-year-old appeared at Dunfermline Sheriff Court for sentencing after admitting the offences.

Catastrophic crash

Prosecutor Amy Robertson told the court that shortly after midnight on December 12 police travelling east on the A92 saw a stationary HGV with its hazard lights flashing as they approached the Lochgelly slip road.

Officers saw a silver Audi had crashed on the embankment.

The fiscal depute said: “They saw a male lying on his back.

“They saw severe accident damage to almost every panel and it was missing a near rear side wheel.

“The male on the ground gave his name as David Tod and confirmed he was the driver of the Audi.

“He complained of leg pain and had visible blood on his face.

“He also stated he had consumed alcohol prior to driving.

“The Scottish Ambulance Service was called.

“He was placed onto a spinal board and transferred to the ambulance to conduct an initial assessment.”

Refused blood test

Ms Robertson said Tod consented to providing a breath sample and was taken to the Edinburgh Royal Infirmary with a suspected fractured pelvis.

The fiscal depute continued: “Once there, it was confirmed by x-ray he only fractured his nose.

“He was asked by police to provide a blood sample but he refused to provide this.”

Tod, of Shearer Square, Dunfermline, admitted careless driving and failing to provide a blood specimen.

He admitted he lost control of the car after failing to negotiate an off-slip road, left the dual carriageway, drove up an embankment and collided with trees and landscaping.

‘Didn’t give a monkey’s’ for the rules

The court was also told that at around 9.50am on September 12 police had stopped Tod’s Vauxhall Astra in Sanderling Way, Dunfermline, and a computer check showed he was banned from driving until December 8.

Defence lawyer Aime Allan said her client, who had a car valet business, is not currently working and suffered an assault which caused physical and mental health issues.

She said he was also in a “difficult position” in relation to cocaine use.

She said: “He has stopped drinking alcohol as he realised it’s been a struggle for him.”

Sheriff Garry Sutherland told Tod he seemed to think the rules of the road did not apply to him and he did not “give a monkey’s” about the safety of himself and other people.

“You could have quite easily been killed and other people could have quite easily been killed.

“You could well be going to jail for this.”

Sheriff Sutherland banned Tod from driving for four years, gave him 140 hours of unpaid work and placed him on a four-month curfew order.

The sheriff added: “Be absolutely clear, if you get behind the wheel of a car in the period of disqualification and come to the attention of the court, you will be going to jail.”

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