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No jail for banned drink-driver after fourth offence




Boston Magistrates' Court
Boston Magistrates' Court

A banned motorist already convicted of drink-driving on three occasions has been handed a 16-week suspended prison sentence for getting behind the wheel while over the limit for a fourth time.

The solicitor for Ireneusz Stanislaw Duda (50) said his client does not accept he has done anything wrong.

Duda, of Wesley Road, Whaplode, admitted driving with excess alcohol, whilst disqualified and without insurance or a test certificate, when he appeared at Boston Magistrates Court on Wednesday.

Jim Clare, prosecuting, told the court that Duda had been followed by police on the afternoon of February 5 as it was known he was banned from driving for five years in 2013 following a third conviction of driving with excess alcohol.

He was stopped and a breath test revealed a reading of 101 microgrammes of alcohol in 100 millilitres of breath, nearly three times the legal limit of 35.

Mr Clare said Duda had been convicted of excess alcohol offences in 2009 and 2010, of driving whilst disqualified in 2010 and another excess alcohol offence in 2013 when he was banned for five years.

Probation officer Malcolm Paynter told the magistrates that Duda had told him he had been to a birthday party the night before and, because he was hung over in the morning, had drunk more alcohol before taking his car to the car wash, when he was stopped by the police.

He said that Duda had been given advice by his doctor not to drive as he had a heart condition and might black out and said Duda had told him he usually cycled.

Solicitor Tony Cunningham, mitigating, said Duda ‘definitely needs to understand the dangers of drunk driving’.

“He doesn’t accept responsibility or that he has done anything wrong,” he told the court. I am acting in his best interests as I don’t want him back here facing a more serious charge.”

The magistrates imposed a 16 week custodial sentence but suspended it for 12 months and ordered Duda to carry out 20 days of rehabilitation activities and to be electronically monitored for alcohol consumption for four months.

He was also banned from driving for 52 months and ordered to pay costs and charges of £200.



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