A 'FOOLISH' drink driver on a tobacco run who nearly hit the kerb as he crawled along on the wrong side of the road was pulled over to prevent a crash.
Andrew Hartland was stopped in Tudor Way, Dines Green, Worcester after attracting the attention of an off-duty police officer who became concerned about the manner of his driving.
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This included Hartland swerving across the road and driving at 25 to 30mph on a road where the limit was 60mph.
However, because of a lung condition, COPD, the 63-year-old of Drake Avenue, Dines Green, was unable to provide a specimen of breath for analysis. A later blood specimen revealed 228mg of alcohol per 100ml of blood, close to three times the limit of 80mg.
Hartland admitted driving with excess alcohol at Worcester Magistrates Court on Thursday following the incident on January 2 this year.
He had been behind the wheel of his Ford Mondeo on the A4440 when he drew the attention of an off-duty police officer.
Eleanor Peart, prosecuting, said: "He came across the defendant who was driving between 25 to 30mph in a 60mph limit area and drifting towards the nearside verge and back towards the centre white line numerous times."
The officer also noticed that the defendant's indications did not match where he was positioned in the road. "He was swerving sharply numerous times and the officer believed it was only a matter of time before a collision would happen.
"The defendant was on the incorrect side of the road in Tudor Way, nearly hitting the kerb on the wrong side of the road" said Miss Peart.
Hartland told officers he had drunk alcohol two hours beforehand.
He did not have any previous convictions.
Jo Outhwaite, defending, said Hartland had entered a timely guilty plea and had fully co-operated with officers. "He did not try to leave the area or anything of that sort" said Mrs Outhwaite.
She said he made it clear to officers he would struggle with the breath procedure but there was no suggestion of any failure to provide a specimen.
The duty solicitor said he had 'drunk heavily on New Year's Day for the first time in some time' and members of his family had been present with him at his home.
"It was the first time he had seen family for a number of months because of the pandemic" she said.
She added: "Foolishly, he had only gone out to get tobacco. Rather foolishly he thought he would be okay. Clearly he wasn't."
However, she said she understood, having read the officer's statement, that Hartland, a caretaker who cooks and cares for two disabled people, was on the wrong side of the road because he was driving around parked cars.
Describing him as a father-of-two grown up children, the solicitor said he lived alone and was on a low income, topped up with benefits.
Magistrates made a community order for 12 months to include 80 hours of unpaid work. He was also ordered to pay £135 costs and a £95 victim surcharge.
The bench banned him from driving for 24 months.
A drink driver's rehabilitation course was offered. If completed successfully this will reduce his disqualification by 24 weeks.
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