A MAN who ran out of petrol on the A92 was caught under the influence of alcohol by a police officer who was checking out the scene.

Kyle Harrower was jailed for four months and disqualified from driving for three years at Dunfermline Sheriff Court.

At 5.15am on November 4, a sergeant was on the road when he observed that a vehicle had stopped with its hazard warning lights activated.

When he approached the male in the car said he had ran out of fuel. The key was in the ignition and he tried to start multiple times.

The sergeant noted a smell of alcohol coming from Harrower and another male that was also in the car.

Police at that time received an anonymous call saying the accused had broken down and he was under the influence of alcohol.

Harrower gave a road side reading of 95 microgrammes and at the police station a further reading at 75 microgrammes.

Harrower, 24, of Narrow Wynd, West Wemyss, previously admitted that on November 4 on the A92 westbound near to Lochgelly, he did drive a motor vehicle after consuming so much alcohol that the proportion of it in his breath was 74 microgrammes of alcohol in 100 millilitres of breath which exceeded the prescribed limit, namely 22 microgrammes of alcohol in 100 millilitres of breath.

Defence solicitor, Mr Jackson, said his client had tried to show that he had run out of fuel and that was the only reason he started the ignition.

He explained that he had been drinking in Glenrothes and planned to stay there but someone asked him to take them to Rosyth.

Harrower waited some time there and went back but ran out of petrol.

"He understands the risk that this has and that it is not just a silly decision," Mr Jackson said.

The Crown made a motion for forfeiture of the vehicle which was valued at £450.

Mr Jackson said Harrower was hoping to sell the vehicle to provide for his partner and child. Forfeiture was refused.