A Cumbrian man flipped his car onto its roof when he swerved to avoid a sheep on the road.
Eric Peacock, 64, of Winskill, near Penrith, admitted driving a motor vehicle when the amount of alcohol in his blood exceeded the prescribed limit when he appeared at Carlisle Magistrates' Court on Friday, 28th August 2020.
This is an offence contrary to section 5(1) of the Road Traffic Act 1988 and has a maximum penalty of 26 weeks' custody and/or a fine at level 5 (unlimited) on summary conviction.
Prosecutor John Moran outlined the facts of the offence, which took place on Saturday, 6th June 2020.
Peacock was less than 100 metres from arriving back at his Winskill home when he lost control of his Renault car on a narrow country road.
"The car had overturned on to its roof," Mr Moran explained.
"The only person in the car was Mr Peacock, the driver; and because of the accident he had to go to hospital."
Once at hospital Peacock consented to a specimen of blood being taken for analysis. Lab results subsequently confirmed a reading of 227 milligrams of alcohol in 100 millilitres of blood, which is almost three-times the prescribed limit (80 milligrams of alcohol in 100 millilitres of blood).
Mr Moran confirmed that Peacock was a man of previous good character, but the offence was aggravated by the high alcohol reading and involvement in a collision.
Kamran Yousaf, mitigating, said that his client had nipped out for a packet of cigarettes.
"The road he was driving on becomes a narrow, single-track road with a grass verge on the left hand side behind a tree stump," Mr Yousaf said.
"He lives in a rural location, where it's common for sheep to escape from fields.
"He slowed down to allow the sheep to come off the verge to avoid hitting it."
Peacock was aware of the presence of the tree stump, which caused him to over-steer away from the sheep.
"In doing that, he grabbed the steering wheel and steered away. He made every attempt to correct his steering," Mr Yousaf added.
"Had it not been for him wanting to avoid hitting the sheep the accident wouldn't have happened."
Having steered away from both the sheep and tree stump, Peacock's vehicle mounted the raised verge and overturned. No other vehicles were involved and Peacock sustained only slight injuries.
Mr Yousaf told the court that his client was normally a careful and conscientious driver, who hadn't even received a parking ticket in almost 45 years of driving.
His client, who has various health problems, had been drinking vodka earlier in the day, but didn't think he was over the legal limit for driving. In addition to his own health needs, Peacock relies on the car for caring for his wife, who needs to attend regular hospital appointments.
Mr Yousaf concluded: "He's extremely remorseful, sorry and embarrassed."
District Judge Gerald Chalk, addressing Peacock, said: "It's a real shame to see you before the court at all.
"Nonetheless, there was an accident and a very high reading - nearly three times the legal limit for alcohol."
Peacock was sentenced to a 12-month community order with an 8-week electronically monitored curfew requirement.
He was disqualified from driving for 24 months and ordered to pay £85 towards prosecution costs and £95 victim surcharge.
Speaking about the curfew requirement, Judge Chalk said: "It's meant to be a restriction on your time; it's meant to be a burden; and it's meant to be a punishment."
The Judge added that Peacock would be able to attend hospital in an emergency during the hours of his curfew.
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