Yatton Keynell motorist spared drink-drive ban (From The Wiltshire Gazette and Herald)

Yatton Keynell motorist spared drink-drive ban

3:53pm Friday 17th February 2012 in Chippenham By Alex Winter

Motorist Richard Payne has been spared a drink driving ban after a court heard he needs his licence to care for his mother.

Payne, 39, of The Maltings, Yatton Keynell, pleaded guilty at North West Wilts Magistrates’ Court today to being in charge of a motor vehicle while over the limit.

Rhys Davies, prosecuting, said the defendant had 67mcg of alcohol in 100ml of breath when he was caught on January 29 in in the driving seat of his mother’s car in Old Road, Chippenham. The legal limit is 35.

“The offence took place at 6.50am,” he said.

“Police approached a Seat Leon parked on the Old Road. Mr Payne was sitting inside with the engine running and a male passenger was also in the car. Police officers spoke to him and could smell alcohol on his breath. He was arrested and taken to Melksham Police Station.”

Mr Davies said Payne has two previous convictions on similar matters in 2000 and 2006.

Alexis Pink, defending, said Payne, who works full-time putting up safety fencing on motorways, had gone back to the car to get cigarettes.

He had turned on the engine to keep himself warm as he smoked, and had no intention of driving the car.

“His employer has written a letter to the court to say that he needs a vehicle in order to complete his work, and without being able to drive, he may well lose his job,” she said.

“His mother has Huntingdon’s disease and lupus. She relies on a number of medications. My client uses her vehicle to go and get her medication, and to take her to and from hospital and to do food shopping and things like that. She is very reliant on him. My client also has a two-year-old child who lives away from him and he needs a car to see them. He feels very stupid about this and truly regrets it.”

District judge Simon Cooper said he would impose ten penalty points on Payne’s licence, and fined him £400, as well as £85 prosecution costs.

He warned Payne: “You will be the safest driver on the road.

“I will be following you all the time. I like to drive behind safe drivers. Do you get the point?”

Mr Cooper said he did not want to stop Payne from helping his mother or seeing his child.

“I personally admire the work you do, which I believe can often be dangerous and involves working late at night on busy motorways,” he said.

“Out of the goodness of my heart, I am charging you £400 of fines and not £500 because you work in a dangerous job. It is only out of the goodness of my heart that I am doing this.”