A MAN who failed to provide a specimen of breath after the police believed him to be drink driving has been released on bail.

Gary Martin of Clarke Avenue, Seafield, Ayr admitted failing to take a breathalyser test at Ayr Police Office on November 13 last year. 

The samples were required to ascertain Martin's ability to drive at the times when he was driving on Arthur Street Ayr.

He committed the offence having been released on bail on August 1 last year from Dumbarton Sheriff Court.

The 35-year-old appeared before Sheriff Mhari Mactaggart at Ayr Sheriff Court last week. The court heard how bouncers at Club De Mar saw Martin getting into a car.

Depute Fiscal Scott Toal said: "At 11.15pm he [Martin] was observed by door stewards at the Club De Mar.

"They took the view he was under the influence and the police were contacted. They found him in the car park.

"He was slurring his words. He was taken to the police station but when he was asked to give a specimen of breath he replied 'I'm tired'."

Speaking on his behalf, defence solicitor Steven Maxwell said: "I hope this court can deal with him in a non custodial manner despite what is on his record. He is going to be disqualified. There is no prejudice in that.

"He was disqualified in December 2016 for three years at Hamilton Sheriff Court."

Addressing the dock, Sheriff Mactaggart said: "Right Mr Martin, I ma going to defer sentence and call for an up to date report.

"You are already disqualified. I am not going to say how myself or another Sheriff may choose to deal with something like this in the future.

In the meantime Martin has been released on bail. 

Sentence has been deferred until Tuesday, March 14 to allow the court to obtain a criminal justice social work report.