A lawyer who specialises in motoring offences has been banned from driving for three years and told she was “lucky” that her car didn’t hit anyone after pleading guilty to drink driving.
Helen Dugdale, who has a conviction for a previous drink-driving offence, was spotted “zigzagging” down a busy road by taxi driver Peter Cannon.
He feared it was an elderly person struggling to control the car, so kept an eye on her and went over when she eventually stopped after just missing a set of traffic lights.
Prosecuting, Joseph O’Connor told Manchester Magistrates court: “He described her as obviously and evidently intoxicated and making no sense. As a result, he telephoned the police.
“Police arrived and found her slumped in the seat, she could not hold her head up, and her speech was slurred.”
The incident took place on Conway Street, Birkenhead at 5.55 on June 29, Mr O’Connor continued, before adding: “The road was busy and pedestrians were around. It was lucky that no-one was hit by the car. She stopped at traffic lights on the offside and the taxi driver got out and walked across to the car.”
The defendant returned a positive result in a roadside breath test, before being arrested and taken to a police station where a second test showed the 48-year-old to have 63mcg alcohol per 100ml breath – almost twice the legal limit of 35mcg.
Dugdale initially pleaded not guilty to drink-driving due to the nature of the medication she was taking. She was scheduled to stand trial a week later but changed her plea to guilty.
Thomas Keaney, acting in mitigation for Dugdale, explained the reasons for “the volcano erupting” and appearing back in court.
He said that she had endured several years of litigation following the break-down of the partnership with her last company, which also left her £60,000 in debt.
Her mortgage was costing her £2,000 per month “not because she lives in a multi-million-pound house” but because of a loan secured against her home to pay off the debts accrued by the partnership. Keaney added: “She seems to be a bad judge of character in relation to going in with people in business.”
He said Dugdale had hit the kerb, causing two burst tyres, and was intending to ring a friend for help or call the AA once she pulled into a lay-by.
Mr Keaney also explained to the court how there had been an upsetting personal incident the previous evening which would send anyone “over the edge”. She had a couple of glasses of wine that night, and visited a friend the following day and had “a top-up”.
He said she didn’t believe herself to be over the limit, but it turned out that she was.
“She holds her hands up to the court and says sorry,” said Mr Keaney. “It certainly won’t happen again, since this she has given up drinking and she has gone to her doctor for help for her depression.”
When asked if she had anything to add, Dugdale, who had sobbed throughout the hearing, said “I wish I could turn the clock back. It is something that happened because of the factors involved and it is not going to happen again. I am having therapy and it is working very well,” adding that she would also be facing sanctions from the Solicitors Regulation Authority.
Chairman of the bench, Richard Lenderyou, said given the mitigating circumstances, they decided the case did not pass the custody threshold and so fined her £650, ordered her to pay £315 costs, and banned her from driving for three years.
Dugdale’s previous excess alcohol offence in 2013 led to an 18-month ban and fines totalling £1,450. She was seen “staggering and holding onto the car in order to move herself along.” A witness called the police who subsequently found her to be just over twice the drink-driving limit. She took up the offer of a rehabilitation course and, in view of that, Mr Lenderyou said she would not be offered that on this occasion.
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.
