Reading magistrates have jailed a man for his third drink driving offence, saying he posed a “huge” risk to the public.
Prosecuting, Alistair Yapp told the court that on March 31, witnesses called the police after seeing the man fall out of his car outside a takeaway in Thatcham while the engine was still running.
Mr Yapp continued: “He stumbled around before getting back in and trying to drive off.
“However, he had left the hand brake on so the car lurched back and forth.
“[The defendant] then got out again and stumbled into the take-away.
“He appeared to wet himself before again stumbling back into the vehicle and driving off.”
Following his arrest, tests found him to have 116mcg alcohol per 100ml breath – more than three times the legal drink driving limit of 35mcg.
The man’s last conviction for drink driving came in 2019 when he avoided a custodial sentence for being again over three times the legal limit at a time when schoolchildren were walking nearby.
The man had bought the car despite being subject to a ban. Zoe Spencer, mitigating, explained that her client had intended to sell it on for a profit rather than drive it illegally. She added that he had lost his job as a courier and had debts totalling £20,000.
Ms Spenced continued to say that the defendant had now admitted that he had a drinking problem and had sought professional help, seeing “light at the end of the tunnel”, as she pleaded with the court to suspend his sentence.
District Judge Sophie Toms retorted, however: “Some cases that come before this court are so serious that only an immediate custodial sentence can be justified.
“You have three drink-driving convictions and this is the second within 12 months.
“You were massively over the limit and clearly seriously impaired.
“The risk to the public was huge.”
“Had you been involved in an accident you could well have killed someone going about their daily business.
“You bought this vehicle during a driving ban.
“This is one of those cases where I must impose an immediate custodial sentence.
“I find there is no realistic prospect of rehabilitation in the community as you have had a community order before.”
After pleading guilty to drink driving, District Judge Toms jailed the man for 16 weeks, of which 8 will be spent in prison, with the remainder in the community on licence.
He must also pay £85 costs, a statutory victim surcharge of £128, and was banned from driving for 38 months.
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.
