A DAD was confronted by an off-duty cop who suspected him of drink-driving at a Glasgow McDonald’s.

John McPhail was behind the wheel of a car at 1am on December 2, 2019, when the police officer spotted him driving “erratically” on Helen Street.

The 39-year-old entered the McDonald’s in Govan and proceeded through the drive-thru.

After following McPhail, the off-duty cop stopped his vehicle and approached McPhail’s car before identifying himself.

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McPhail lowered his window to speak with the man.

At Glasgow Sheriff Court last week, prosecutor Laura Martin said: “The witness noted a strong smell of alcohol coming from the accused.

“The accused attempted to drive off but was blocked. Police were contacted.

“The witness again approached the vehicle in an attempt to keep him there. The accused became aggressive and exited his vehicle.

“A struggle ensued during which the accused seized the witness to the body. Police arrived and required the accused to provide a specimen of breath for a roadside test.”

McPhail, of Prestwick, refused to comply with the test and was arrested and taken to Govan police office.

He was asked to provide a specimen of breath again and refused. He was not cautioned and charged due to his level of intoxication.

The Crown put forward a motion to have McPhail’s vehicle seized, however, his lawyer opposed this.

The defence solicitor said: “The car is a 27 plate BMW worth £720. Money is extremely tight and his wife uses the car to drive to work. It’s the only vehicle they own. They have three children.”

Sheriff Valerie Mays said: “Given the worth of the car and the fact there are two children five and under, I won’t grant the forfeiture order.”

McPhail’s lawyer explained supervision would assist his client.

He added: “He is candid about what took place. He pleaded and avoided trial.”

Sheriff Mays told McPhail: “I refused the Crown motion as I don’t think your family should be punished for your behaviour.

“This is the third time you’ve been convicted of an offence involving alcohol and cars.”

He was placed under social work supervision for nine months with a conduct requirement to engage with substance misuse services.

He was also ordered to carry out 243 hours of unpaid work and was disqualified from driving for 32 months.