A MOTORIST with an ‘appalling’ drink-drive record wasn't banned for long enough when he was last in court, it has emerged - after his sentence was mistakenly given in weeks, not months.
Gary Robinson, 36, should have been banned from driving for 56 months in July 2020 when he was convicted of driving while disqualified and drink-driving.
But in a court error, which only came to light on Monday when Robinson was brought back before magistrates for another road traffic offence, Robinson had been given the ban in weeks – not months.
Outlining the latest offence, prosecutor Pamela Fee said police found Robinson intoxicated and falling asleep in the driver’s seat of a vehicle parked on King Street in Penrith on April 4.
Officers requested a sample of breath. When he failed to do so, he was arrested for failing to provide a specimen.
Robinson was taken to the police station and again failed to provide a specimen. When asked if there was any medical reason why he couldn’t do this, Robinson said: ‘No, I’ve got ADHD. That’s it.”
Ms Fee said it was a deliberate refusal and a high level of intoxication. The defendant also had a ‘poor record’ for drink-driving offences, the court heard.
Robinson, who was not legally represented, said he agreed with the case put forward by the prosecution.
He told the court: “That’s what it is. I won’t do it again.”
A probation officer told the court that Robinson had been at a work’s leaving do in Penrith that evening and had driven himself there.
Instead of getting a taxi home, he made the decision to sleep in the car, which was how the police found him at 11.30pm. He had refused to complete the breath test.
The court heard that Robinson, who works in the construction trade, drinks most days when he returns home from work.
Robinson, of Collins Terrace, Maryport, pleaded guilty to failing to provide a specimen while in charge of a vehicle.
The defendant was told that his record would be corrected to reflect the 56-month ban which should have been in place and was due to expire in November.
Passing sentence, Michael Coulson, chair of the magistrates’ panel, said Robinson had an ‘appalling’ record for drink-driving.
Mr Coulson said Robinson’s latest offence passed the custody threshold and imposed a four-week prison sentence, suspended for 12 months.
Robinson was banned from driving for 12 months and must complete a 90-day alcohol abstinence and monitoring programme.
He was ordered to pay £85 costs and a £154 victim surcharge.
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