A MOTORIST who works as a part-time taxi driver was found asleep in his own car surrounded by empty lager cans at an M6 service station.
When police found 63-year-old Brian Wallace in his Ford car at Tebay Services on September 22, the engine was still running he was asleep in the driver’s seat, Carlisle's Rickergate court heard. Also in the car were seven empty lager cans, four full ones, and a half empty can of Tennents lager.
The defendant, from Stonebank, Livingston, Scotland, admitted being over the alcohol limit while in charge of a motor vehicle.
Prosecutor George Shelley said the officers who found the defendant immediately noticed a strong smell of alcohol coming from within the car and from the defendant himself.
“He said he was travelling from Scotland to see his grandson in London,” said Mr Shelley. A roadside breath test confirmed that he had 65mcg of alcohol in 100mls of breath.
The legal limit for driving is 35mcg.
Addressing magistrates from the dock, Wallace - who was driving in a personal capacity when he committed the offence - said: “There’s no justification for having alcohol in the vehicle and there’s no defence whatsoever.
"I offer my sincere apologies.”
The defendant said he was retired but helped his son by driving a taxi on Friday and Saturday evenings. Wallace asked the court not to impose a driving ban, arguing that this would cause exceptional hardship.
They rejected that argument, imposing 10 penalty points on the defendant’s licence, which already had three points. This meant Wallace was liable to a six-month driving ban under the totting up procedure.
The defendant must also pay a £133 fine, with £85 costs and a £53 victim surcharge.
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