A four pint drink driver was puzzled by the high alcohol reading when he provided an evidential specimen of breath.
Adrian Clarke, 59, of Bridge Road, Coalville, Leicestershire, admitted an offence of driving whilst over the prescribed limit when he appeared at Leicester Magistrates' Court on Monday, 30th September 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 Clarke's Vauxhall van shunted into the back of a Mercedes car on Mantle Lane, Coalville, shortly after midnight on Wednesday, 11th September 2024.
The globe-trotting 59-year-old, who caused significant damage to the Mercedes, was driving the short distance home, having just downed four pints at his local pub.
Having failed a roadside breath test, Clarke was arrested on suspicion of driving whilst over the prescribed limit for alcohol.
This was confirmed at the police station, where he provided an evidential specimen containing 105 microgrammes of alcohol in 100 millilitres of breath - exactly three times the prescribed limit of 35 microgrammes.
Magistrates heard that Clarke had a previous historic conviction for drink driving, which would have no bearing on the outcome the case.
Addressing the court without a flicker of irony, Rashpal Singh, mitigating, said: "At first he was a bit puzzled as to why he had such a high reading as he had been to the pub and had four pints."
Mr Singh continued: "He had recently returned from Thailand where he had been drinking excessively. He has put it down to a combination of going on holiday and then what he would describe as social drinking."
Having considered the circumstances and relevant sentencing guideline, Magistrates were of the view that Clarke's offence was serious enough to merit a community order.
He was made subject to a 12-month community order, with the requirement that he completes 100 hours' unpaid work.
He was also ordered to pay £114 statutory surcharge and £85 towards prosecution costs.
In terms of ancillary orders, Clarke was disqualified from driving for a period of 26 months.
I'm not sure about you, but if I'd downed four pints at the local boozer the last thing I would be doing is driving home - particularly when it's only a 10 minute walk away.
If I'd downed four pints I'd also not be quibbling about the fact that I might be three-times the prescribed limit!
No comments:
Post a Comment