A Lincolnshire white van man has narrowly avoided a stint behind bars after being caught behind the wheel when almost five times the drink drive limit.
Lee James Ebbutt, 47, of Eastwood Road, Boston, admitted driving a motor vehicle when the amount of alcohol in his breath exceeded the prescribed limit when he appeared at York Magistrates' Court on Thursday, 6th January 2022.
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.
An excerpt from the relevant sentencing guideline appears below.
Magistrates heard that Ebbutt was driving his white Peugeot Boxer van on the A64 at Bilbrough, North Yorkshire, on Friday, 10th December 2021.
Several members of the public contacted the police to report concerns about the manner in which the vehicle was being driven.
The van was said to be swerving dangerously across the carriageway and at one point making contact with the central reservation. Concerned drivers put their hazard lights on to warn approaching traffic.
Officers intercepted the vehicle at a set of traffic lights. They approached and spoke to Ebbutt, who had an open bottle of whiskey resting on the passenger seat. He also had great difficulty getting out of the van and walking.
Suspecting Ebbutt was under the influence of alcohol, officers performed a roadside breath test. Ebbutt failed that test and was arrested and taken to York's Fulford Road Police Station, where he provided an evidential specimen containing 169 microgrammes of alcohol in 100 millilitres of breath - almost five times the prescribed limit of 35 microgrammes.
Unfortunately there does not appear to be any coverage of Ebbutt's version of events - in particular how he found himself of being in the position of driving when he was clearly unfit to do so. There are two sides to every story and it's a shame the local press has omitted that detail.
Having considered matters carefully, Magistrates were of the opinion that the offence was so serious that only a custodial sentence was appropriate. However, having listened to the circumstances of Ebbutt's situation, they decided a suspended sentence could be imposed.
Ebbutt was sentenced to 16 weeks' custody suspended for 18 months, with the requirements that he undertakes 20 days' rehabilitation activity and 200 hours' unpaid work.
He was also disqualified from driving for 3 years and ordered to pay £85 towards prosecution costs and £128 surcharge.
I think it's safe to assume that there must have been some compelling mitigation on Ebbutt's part, but sadly we don't know what it was.
Speaking after Ebbutt's conviction, North Yorkshire Police's Sgt Andy Morton said: "Those who get behind the wheel after drinking not only pose a severe risk to themselves, but endanger the lives of many other road users too.
"We would like to thank the fast acting members of the public who spotted Ebbutt, called the police and effectively set up a rolling roadblock to protect other drivers.
"If you see a vehicle you think could be being driven by someone under the influence of alcohol, or see someone about to drive after drinking, please call us on 999."
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