A Burnley man who was caught riding a moped while under the influence of alcohol and with his leg in plaster, has been sentenced to 16 weeks in jail, suspended for 12 months.
33-year-old Graham Haynes tried for some time to avoid arrest, fleeing from police, but was so intoxicated that once he fell off the moped when it got stuck in mud, he was unable to get up again without assistance.
Haynes pleaded guilty to driving with excess alcohol, driving without insurance or license, and failing to stop when required by a police officer.
Prosecutor Tracey Yates said police spotted the defendant riding the vehicle at 12.10am.
“When he saw the officers he made off along a footpath,” said Mrs Yates. “He came onto Colne Road and drove straight at an officer who struck him with his baton to stop him driving into him.”
He then rode off onto a road which turned out to be a dead-end, and from there onto a muddy path.
“The bike stuck in the mud, and he overbalanced and fell into the mud,” said Mrs Yates. “He couldn’t get up because of his broken leg, and the police had to help him up.”
Mark Williams, defending, described it as a “spectacular” case of drink-driving. He went on to explain how Haynes had been drinking at his cousin’s house and had decided to ride the moped home.
“I find it astonishing that he was able to control the motorbike given the state he was in,” said Mr Williams. “When he eventually fell off he couldn’t get up without the help of the police.”
The Chairman of the Magistrates said that every aspect of the case aggravated the others as he passed sentence.
“You were four times the limit, not wearing a helmet, riding on footpaths to try and get away from the police and with a broken leg that was in plaster […] These are very serious matters.”
Haynes was sentenced to 16 weeks in prison suspended for 12 months, banned from driving for three years, ordered to pay £85 costs and a £115 victim surcharge.
About Carl Millar
Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.
Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.
With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.
Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535, or click here to send a confidential message.
