A young Derby woman has been convicted of driving whilst disqualified and driving with excess alcohol for the third occasion.
Jessie Fearne, 22, of Eagle Drive, Chellaston, admitted offences of driving whilst disqualified, driving with excess alcohol and driving without insurance when she appeared at Southern Derbyshire Magistrates' Court on Monday, 2nd October 2023.
Driving whilst disqualified is an offence under section 103 of the Road Traffic Act 1988. It has maximum penalty of 26 weeks' custody and/or a fine at level 5 (unlimited) on summary conviction; Driving with excess alcohol 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.
Magistrates heard that Fearne was spotted by police as she drove along Nottingham Road, Derby, on the evening of Saturday, 5th August 2023.
The officer's attention was drawn to the vehicle, as it had no headlights on despite it being dark at the time.
Beth Leigh, prosecuting, told the court: "He noticed the vehicle was swerving from side-to-side and nearly hit the nearside kerb once or twice. It then braked suddenly and he made the decision to pull the vehicle over.
"He then watched the vehicle come to a stop and saw the people in the driver’s seat and passenger seat swap over. That person was her then-partner and the officer spoke to him. He was charged and has already been dealt with by the courts for the part he played."
Having cause to believe Fearne had been drinking, the officer required her to undertake a roadside breath test. The 22-year-old blew over the limit, so was arrested on suspicion of driving with excess alcohol.
In custody she subsquently provided an evidential specimen of breath containing 101 microgrammes of alcohol in 100 millilitres of breath, just under three-times the prescribed limit of 35 microgrammes.
Despite her tender years, Fearne has an abysmal driving record. She has two previous convictions for driving with excess alcohol, the most recent being in February 2023 (when she would have been disqualified for at least 36 months). Being a disqualified, third-time drink driver is bad enough, but playing seat swapsies in an attempt to avoid detection makes it even worse - it suggests to me a conscious element of dishonesty rather than a momentary lapse of judgement.
Justine Dexter, mitigating, told the court that Fearne was searching for her father that evening, because she was concerned about his failure to respond to her calls and messages earlier in the day.
She said: "She's very emotional, she's trying to seek him out, the rejection is there and she has drunk, not giving enough thought about the consequences. Today those consequences have come home to roost. She is somebody who has behaved foolishly and that's an understatement."
Having considered the circumstances and totality of the offences, Magistrates were of the view that only a custodial sentence was appropriate. However, for reasons that have gone unreported, they have decided to suspend the custodial term.
Addressing the sobbing defendant, the Presiding Justice said: "You are 22-years-old and this is your third conviction for driving while intoxicated."
Explaining that the sentence would be suspended, they added: "You are a very lucky young lady. That reading was so high that you are very lucky you did not kill yourself or somebody else. I hope you realise that. Don’t come back to this court again."
Fearne was sentenced to 18 weeks' custody suspended for the maximum of 24 months, with the requirement that she undertakes 100 days' (tagged) alcohol abstinence monitoring and up to 25 rehabilitation days.
She was also ordered to pay £114 surcharge, £85 towards prosecution costs and further disqualified from driving for a period of 4 years.
Again, I would be absolutely fascinated to know the reasons for suspending the sentence. I do not criticise colleagues for doing so, as I'm sure they'll have entirely valid reasons for their decision.
Given the imposition of an alcohol abstinence monitoring requirement, I can only assume that the court is giving Fearne one last chance of sobering up and reaching out for support. If she passes up that opportunity, then she should be under no doubt about the possible consequences.
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