Man jailed after drink-driving crash

Thursday 11 March 2021

A 40-year-old man has been jailed for 16 months for drink-driving even though his legal team argued for a non-custodial sentence on the basis of his mental health issues.

The man - who Express has chosen not to name - was also given a driving ban when he was sentenced in the Royal Court earlier this week.

Summing up the facts for the prosecution, Crown Advocate Chris Baglin said that in November 2019, the man had driven his work van on various roads while he was over four times the legal drink drive limit.  

A member of the public called the police after seeing him pour what he thought were two half bottles of vodka into a coke bottle while behind the wheel of a van.

Pictured: Police were called by a member of the public who saw the man pour two half bottles of vodka into a coke bottle.

When he got out of the van, the witness said he was "barely able to stand” and “clearly drunk”. “When he was in the van, he looked a bit worse for wear, but when he got out it was obvious he was absolutely out of it,” the witness added.

One of the police officers who went to his home later that day, said it was clear that he was “grossly intoxicated”, “unsteady on his feet and kept growling at [the officers] and tensing up."

After failing a roadside breathalyser test, he was arrested and cautioned. A breath sample taken showed 160 micrograms of alcohol in 100 millilitres of breath, which is equivalent to four and a half times the legal limit of 35 micrograms.

Pictured: The incident took place in the area of the Seymour Pub on La Grande Route Des Sablons.

At around 15:00 on 20 January 2020, he collided with a wall on the side of the road whilst driving south from Gorey along La Grande Route Des Sablons. 

A woman who was driving behind his van said that as she approached the Seymour Pub, the van suddenly turned right. “I would describe this as if the van was turning into an entrance, not simply drifting over,” she said. 

In her opinion, the van did not seem to alter its speed and she also noted children had been walking on the pavements nearby.

When she got out of her car and walked to the van, she said he was seated "upright, holding the steering wheel with both hands and looking straight ahead intently”.

She said she couldn’t not smell any alcohol but that his eyes looked glazed and that she had a feeling he was drunk. 

The Court heard that one of the officers smelled alcohol on his breath and requested a sample. He said he had drunk a quantity of vodka approximately two hours earlier and failed the breath test. A sample taken just an hour later and showed 74 micrograms in 100ml of breath.

Pictured: The case was heard by the Bailiff, Timothy Le Cocq, sitting with Jurats Jerry Ramsden and Kim Averty. 

During an interview the following day, he said he had picked up alcohol on his way back from work and started drinking when he got home. His partner then returned and grabbed the alcohol from him before driving off. He then jumped in his van in what he described as "a bout of rage”. 

The Court heard that the crash caused £19,000 of damage to the granite wall, which was being dealt with by the owner's home insurance.

Following the incident, the Law Officers’ Department said he should be charged for the incident from November 2019. He initially used the ‘hip flask' defence, suggesting he was only over the limit due to drinking after he had driven his van. He eventually admitted the offence one month before a trial was due to take place. 

Advocate Allana Binnie presented “substantial personal mitigation” to the Court on behalf of the defendant. The Court - presided by the Bailiff, sitting with Jurats Jerry Ramsden and Kim Averty - also heard that a number of experts had recommended a community service sentence.

In the end, the Court imposed a 16-month prison sentence, reducing the sentence moved for by the Crown by four months in light of his circumstances.

They also banned him from driving for four years and him ordered to pay £372.38 to the homeowners over the next 24 months.