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Saturday, 28 December 2019

Swadlincote Disqualified Driver Jailed for Christmas


A Swadlincote man has been jailed after being caught behind the wheel less than a week after being disqualified from driving.

Nicholas Connell, 35, of Ladyfields Way, Newhall, admitted driving whilst over the prescribed limit when he appeared at Southern Derbyshire Magistrates' Court on 17th December 2019. As a result of that conviction he was disqualified from driving for three years.

On 22nd December 2019, only five days into his disqualification, officers observed Connell driving his Audi A4 on Wellwood Road, Newhall.

The vehicle was stopped by the police, who noticed that Connell had "bloodshot eyes". A provisional roadside breath test indicated Connell had 45 microgrammes of alcohol in 100 millilitres of breath, the legal limit being 35 microgrammes. However, at the police station he refused to provide an evidential specimen of breath, so was charged with failing to provide a specimen for analysis.

Connell claimed he was delivering the vehicle to its new owner, having recently sold it to raise money for Christmas presents.

Connell admitted charges of driving whilst disqualified, driving without insurance and failing to provide a specimen for analysis when appeared before the same court on 23rd December 2019. He also admitted two charges of possession of cannabis dating back to 24th May 2019.

Peter Bettany, prosecuting, said: "The defendant was seen driving a vehicle and was followed by the police until he stopped. Officers could smell alcohol on his breath and his eyes were red and bloodshot.

"He told officers he had been drinking the night before. He gave a roadside sample of 45. He refused to provide a sample (at the police station) with no medical grounds offered.

"He was disqualified for an excess alcohol matter that took place in November and he appeared in court on 17th December. He was caught five days into the ban."

In relation to the cannabis charges, Mr Bettany explained that police were called to a Swadlincote pub for another matter when they came across Connell.

He said police found nine wraps of cannabis on him at the time and then found 26 grams of cannabis when officers searched his home.


Simon Stevens, mitigating, told the court he has attention deficit hyperactivity disorder (ADHD) and personality disorder.

He said: "It is easy to send him to HMP Nottingham this afternoon, very easy. He received a phone call from someone up the road who said they could take the car now if he brought it around and that's where the foolish decision was taken.

"An unmarked police car was watching. He didn't travel a long distance, nobody else was in the vehicle, there is no suggestion the driving was below standard.

"The roadside breath test was 45, but that was not on the accurate machines. He complied right the way through. When it came to the machine goodness knows what came over him and he failed to provide.

"He tried to go back, but the police had made their decision."

Magistrates deemed Connell's offences, when considered in totality, were so serious that only a custodial sentence was appropriate.


Paul Leatherland, Presiding Justice, said: "We have taken some time on this. We have heard from the CPS and because you pleaded guilty, you will get credit for that.

"This is a blatant disregard for a court order for a disqualification from driving. For this you will received an immediate custodial sentence."

Connell was sentenced to 26 weeks in custody and disqualified from driving for 48 months from his date of release.

He was also ordered to pay £122 victim surcharge and £85 prosecution costs.

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