A COWDENBEATH joiner was found sleeping in his van with a bottle of Buckfast between his legs and a cigarette hanging out of his mouth.

Ross Scott, 35, of Stenhouse Street, went onto headbutt a police officer when asked to take an alcohol test after being taken to Dunfermline Police Station.

He appeared for sentencing at Dunfermline Sheriff Court on Wednesday after previously admitting that on August 18 last year, he failed to provide two specimens of breath for analysis afyer being in charge of a van on at Foulford Place and elsewhere in Cowdenbeath.

He assaulted the police when in execution of his duty by lunging at him and headbutting him.

Depute Fiscal Azrah Yousaf said police had been informed that Scott had been to his ex partners and she had reported he was under the influence of alcohol and may have been driving.

"Police officers carried out a search in the local area and at roughly ten past three, they traced the vehicle belonging to the accused facing into a layby containing recycling bins in Foulford Place," she told to Court.

"They noticed the accused was the sole occupant. The key was in the ignition and the engine was running. He had a lit cigarette hanging out of his mouth and a bottle of Buckfast between his legs."

Police officers turned off the engine of the van and woke Scott up. They took the view he was under the influence of drink or drugs and he provided a positive breath specimen.

However, once at the police station, he refused to do a breath test and became aggressive.

"He informed officer he would headbutt anyone who tried to search him and fight anyone who came near to him. He was advised that processes were there for his own care and welfare and continued to state he would assault officers," added Ms Yousaf.

"Officers began to search him and at that point, he lunged forward and head butted one of the officers. He continued to be abusive towards the officers and told officers he would track down their wives and do things that they could only dream of."

Solicitor Christopher Large said Scott had been to the funeral of his step sister earlier that day and was involved in an ongoing dispute over contact with his children which had led to him being denied permission to attend at his child's first day at school.

He did, however, now recognise that there was no excuse for his actions.

"Nobody should be subjected to such behaviour particularly in the course of their employment," he said. "Mr Scott understands he should have provided a specimen of breath. It had been a difficult time for him and he didn't fully appreciate the gravity of failing to provide that."

Sheriff Charles McNair said the assault on the police officer had not been a "spur of the moment" incident.

"You planned it," he told him. "You told them what you would do if they came near you and when they came near you to carry out their proper police function, you carried out your threat and assaulted him.

"The only thing that keeps you out of prison today is your limited record. Had you had significant previous convictions, I would undoubtedly have sent you to a significant custodial sentence.

"Police officers will not be assaulted with inpunity. They do a hard job and they are entitled to the protection of the court. In the circumstances, I am just prepared to deal with it by way of a non custodial sentence."

Scott was fined £450 and banned from driving for 13 months.