Drink earlier in the day put driver just over legal limit

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A driver “learned a hard lesson” when a few drinks earlier in the day put him just over the legal drink-drive limit.

Spalding magistrates on Thursday heard how Jamie Day had been driving a friend’s car in London Road, Long Sutton, when the car hit a tree.

Day (24), of Wrights Lane, Sutton Bridge, walked from the scene towards Long Sutton and approached a police officer in Cinder Ash Park.

The court heard that Day told the officer what had happened and that he had been drinking earlier that day,

A roadside breath test gave a reading of 41 microgrammes in 100 millilitres of breath – only a small amount over the 35 microgramme limit.

Prosecuting Marie Stace said because the reading “almost couldn’t be any lower” Day was offered the opportunity to give a blood or urine sample for testing, but declined.

Rachel Stevens, defending, said: “If the reading had been any lower than that he wouldn’t have been charged.

“He had been drinking much earlier in the day and felt fine when he drove.

“He has learned a very hard lesson from this event – even if you feel OK, if you have had alcohol earlier in the day, you shouldn’t be driving. But the accident when he was driving his friend’s car and the wheel sheared off was nothing to do with his driving.”

Day was fined £110 and disqualified for one year, with the chance to reduce it by three months if he completes a driver rehabilitation course.

He was also fined £50 and given six points for a further charge of driving without insurance. He must also pay £85 costs and a £20 victim surcharge.