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Wednesday, 25 July 2018

Tanked Up Geordie Driver Avoids Custodial Sentence


Occasionally we read a case that leaves us in disbelief at the leniency of sentence imposed. The case of Newcastle drink driver Gary Bilton is one such case.

Bilton was more than four times over the drink drive limit when he set off in his red Peugeot to watch the rugby at his local pub on 9th June 2018.

On his way to the boozer Bilton collided with another vehicle, but failed to stop. Police were called and the 52-year-old provided a positive roadside breath test. At the police station he provided an evidential specimen of breath containing 156 micrograms of alcohol in 100 ml of breath, the legal limit being 35 micrograms.

The bench at North Tyneside Magistrates' Court heard how Bilton had downed six cans of lager before venturing out in the car. He had also consumed wine the previous evening. Bilton could not explain why he had driven the vehicle, when the pub was only a short walk from his home.

Gerry Bass, mitigating, said: "He expresses the appropriate remorse and understanding of the situation he's put himself in.

"He comes across as a thoughtful and decent person - he makes no excuses for his behaviour. It was a small collision and it would have been obvious to him that it was small but he admits he should have stopped."

Bilton has a previous conviction for drink driving stemming back to 2009, which is clearly relevant to this most recent case. Back then he was given a 28-month ban, which suggests he was well over the limit on that occasion too.

The starting point for an offence of this nature is 12-weeks imprisonment, but for whatever reason the bench decided to impose a 12-month community order and 3-year driving disqualification.

Bilton's offence is seriously aggravated by the massive amount of alcohol in his body at the time, the fact he collided with another vehicle and the fact he drove away from the scene of that accident.

The sentence imposed by the court on this occasion seems unduly lenient given the circumstances reported. Imprisonment would have been entirely justified. Bilton must be rubbing his hands in glee at being able to walk from court a free man.

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