News

Carl Millar recently read an article in the Westmoreland Gazette in which a drink driver who claimed he was a passenger in his own car when it crashed, flipping onto its roof, could face further charges.

Thomas Hayes had denied driving his Porsche while drunk when it flipped onto its roof at Burnside, claiming it was driven by his friend, Derek Henderson.

However, the Magistrates found him guilty of driving his car while nearly 4 times over the legal limit, after a 5 hour trial at South Lakeland Magistrates Court on Tuesday, 8^th November 2011.  He was also found guilty of driving without due care and attention at South Lakeland Magistrates Court.  The offence of driving without due care and attention attracts between 7-9 penalty points, or a period of disqualification.

The police arrested Mr Hayes on suspicion of drink driving.  He was later found to have 133ųg alcohol in 100ml of breath, the legal limit being 35ųg.  This reading would attract a period of disqualification of between 29-36 months, and potentially a custodial sentence.

The Magistrates did not accept Mr Hayes’ evidence that he was a passenger.  The prosecutor said the defendant could now face charges of attempting to pervert the course of justice, and this does attract a custodial sentence.

Carl Millar states that any reading in breath of 120ųg or over could potentially attract a custodial sentence, which can usually only be avoided by strong mitigating circumstances.

If you find yourself charged with an offence of drink driving irrespective of the level of the reading, contact Cunninghams Solicitors for professional advice and representation at Court, whether you intend to plead guilty or not guilty to the offence.