A BALLINGRY woman refused to take a breathalyser test for suspected drink driving and then spat at a police officer taking her into custody.

Michelle Kirby, 33, Capledrae Court, said she had for too much to drink on the night in question.

She previously admitted that May 6 on Lochleven Road and Balbedie Court and elsewhere, she being a person disqualified for holding or obtaining a licence to drive a motor vehicle, did drive a vehicle while so disqualified, and did drive the motor vehicle without there being in force a policy of insurance.

She also admitted that at Dunfermline Police Station she did assault a police constable then in the execution of his duty and did spit on him. She also did, without reasonable excuse, fail to provide two specimens of breath for analysis in pursuance of a requirement imposed under the Road Traffic Act and it will be shown that the said specimens of breath were required to ascertain her ability to drive.

Depute fiscal, Katrina Dalrymple, explained to Dunfermline Sheriff Court on Wednesday, that at about 10.30pm Kirby was stopped driving in her car because her lights were not working and police were concerned by the way she was driving.

It became apparent to them that she was disqualified and so took her to the police station for drink driving offences.

Ms Dalrymple said: "She spat on PC Gardiner's leg going into custody and refused to comply with road traffic procedures."

Defence solicitor, Alexander Flett, said: "She was not actually stopped while driving but the police found her parked at the side of the road.

"Ms Kirby lives at her mother's address and has been in full-time employment for the last five years.

"She had far too much to drink on the night in question and accepts she refused to comply.

"She has never served a custodial sentence and has complied with a curfew since May 8.

"She has also distanced herself from peers."

Sheriff Charles Macnair said: "You were driving a vehicle while you were disqualified and by your own omission you were drunk.

"You were also without insurance and failed to comply with the requirement to give a sample.

"Worst of all you assaulted a police officer by spitting on them and as far as that last offence is concerned you have shown no remorse whatsoever and you blamed the police officer.

"You have a record and are very close to going to custody.

"You should treat this sentence as a second chance."

Kirby was placed on a community payback order consisting of a two-year supervision order, 205 hours of unpaid work and attendance at a road traffic group work programme.

She was also fined a total of £600 and disqualified from driving for 27 months.