A Southern trains depot driver has narrowly avoided a stint behind bars after taking control of a train when he was over the alcohol limit.
Joseph McKeraghan, of Worple Road, London, initially denied the charge, but was convicted in his absence when he failed to attend for trial on 2nd December 2019.
The 59-year-old, who no longer drives trains, was sentenced at Westminster Magistrates' Court on 6th January 2020.
It is an offence under section 27(2)(a) of the Transport and Works Act 1992 for a person to work as the driver of a railway vehicle whilst the proportion of alcohol in their breath exceeds the prescribed limit. The maximum penalty on summary conviction is 6 months' custody and/or an unlimited fine.
On 27th December 2018, McKeraghan was driving a train in Southern's Selhurst depot in south London. Only half an hour into his shift, at around 4 pm, the train collided with scaffolding ladders. The ladders fell onto the live rail causing electrical arcing and damage to the bottom of the train.
McKeraghan left the scene without providing an explanation for the collision or undertaking a mandatory breath test. A Southern manager provided a statement saying that he could smell alcohol on McKeraghan's breath immediately after the collision.
British Transport Police officers attended McKeraghan's home several hours later, by which time he had consumed nearly a full bottle of wine.
McKeraghan was arrested and taken to the police station, where he provided an evidential specimen containing 38 microgrammes of alcohol in 100 millilitres of breath, the prescribed limit being 13 microgrammes.
Given the delay in McKeraghan's arrest, a forensic back calculation was completed. Scientists concluded that McKeraghan would have provided a specimen containing 32 microgrammes - more than double the prescribed limit - at the time of the collision.
Inspector Dan Tanner of the British Transport Police, said: "A train driver is a safety critical role and it is frankly shocking that a driver would put themselves and the other rail staff in that depot in danger by being over the limit.
"McKeraghan has only himself to blame and I hope he reflects on what was a very poor and dangerous decision to make."
Magistrates sentenced McKeraghan to 12 weeks' custody suspended for 12 months.
He was disqualified from driving for 12 months and ordered to pay £775 towards prosecution costs and £115 victim surcharge.
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