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Saturday, 19 March 2022

Chester Drink Driver Jailed for Blowing FIVE Times Legal Limit

A Chester man has been jailed for driving with excess alcohol.

Sylwester Zawadzki, 41, of Whipcord Lane, previously admitted driving a motor vehicle when the amount of alcohol in his breath exceeded the prescribed limit.

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.

He also admitted charges of failing to stop after an accident and assaulting an emergency worker.

Zawadzki appeared at Chester Magistrates' Court for sentencing on Friday, 18th March 2022.

Prosecutor Amanda York outlined the circumstances of the offences, which took place at the city's Fountains Roundabout on the early afternoon of Sunday, 9th January 2022.

A driver contacted police to report that his VW vehicle had been hit from behind by a Mini Cooper vehicle.

The VW driver went to speak to the driver of the Mini Cooper, now known to be Zawadzki, who "presented as very drunk" and was "swaying on his feet".

Zawadzki staggered away from the scene, but was tracked by CCTV operators. Police caught up with him on Canal Street, where he failed a roadside breath test and was arrested.

The court heard that such was Zawadzki's state of inebriation, he had to be carried into the custody suite at Blacon Police Station. He spat at a police officer, who used his "cat-like reflexes" to successfully dodge the flying spittle

Zawadzki later provided an evidential specimen of breath containing 170 microgrammes of alcohol in 100 millilitres of breath, being almost five times the prescribed limit of 35 microgrammes.

In interview he admitted downing a bottle of vodka, but said he could not remember leaving the scene of the collision.

He has a previous conviction for driving with excess alcohol.

In mitigation Zawadzki, who was unrepresented at the sentencing hearing, said: "I regret it very much. I am sorry".

He said the day had disappeared from his memory and he was very stressed because his partner had been diagnosed with cancer.

Having considered the circumstances, District Judge Nick Sanders was of the view that the offence was so serious that only an immediate custodial sentence was appropriate.

The Judge said: "Not for the first time, you have pleaded guilty to driving with excess alcohol. The reading is five times the legal limit.

"That is a level which almost defies imagination. You certainly would not have been able to drive a vehicle safely, and indeed that is evidenced by the fact you had an accident and then tried to leave the scene.

"And to make matters worse, while in custody, you spat at a police officer.

"At any time, that is utterly unacceptable, but even more so in time of a pandemic, when people are extremely concerned about the spread of disease."

Zawadzki was sentenced to 18 weeks' custody.

He was also disqualified from driving for 5 years and ordered to pay £100 in compensation, £85 towards prosecution costs and £128 surcharge.

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