A Cheshire motorist has been banned for four years after being caught behind the wheel almost five times drink drive limit.
Silviu-Mihaita Vernica, 34, of Villars Street, Warrington, admitted driving with excess alcohol when he appeared at Warrington Magistrates' Court on Tuesday, 30th August 2024.
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.
Magistrates heard that Vernica, who has a relevant previous conviction within the last decade, was driving his vehicle on Winwick Road, Warrington, when he collided with a stationary vehicle.
Police were called to the scene and, having cause to suspect Vernica of being under the influence of alcohol, required him to undertake a roadside breath test.
Having provided a positive roadside specimen of breath Vernica was arrested and taken to the police station, where he provided an evidential specimen containing 170 microgrammes of alcohol in 100 millilitres of breath. This was almost five times the prescribed limit of 35 microgrammes.
Simon Collingham, mitigating, told the court that his client had been out drinking with family and had made the "unfathomable" decision to drive.
He told the court that Vernica, a Romanian national, financially supports his mother who still lives in Romania.
Magistrates were of the opinion that Vernica's offence was so serious that only a custodial sentence was appropriate. However, for reasons that have gone unreported they elected to suspend the custodial term.
Vernica was sentenced to 16 weeks' custody suspended for 12 months, with the requirement that he undertakes 120 days' alcohol abstinance monitoring and up to 20 days' rehabilitation activity.
He was also ordered to pay the statutory surcharge of £154 and prosecution costs of £85.
Given his previous conviction he was disqualified from driving for a period of 4 years.
Irrespective of the current state of the nation's prisons, Vernica has done very well to avoid an immediate stint behind bars.
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