Lisburn judge voices concern on why drink driver was more than twice the legal alcohol limit in the afternoon
A Lisburn man found to be over twice the legal drink driving limit has been fined and banned from the roads for a year.
Gary Chudley, 61, whose address was given as Crossan Walk, appeared before the city’s magistrates court charged with driving with excess alcohol in breath.
The court heard that on December 15 at 2.30pm, police received a report from a member of the public who had been approached by the defendant at Lidl on the Moira Road in Lisburn.
The member of the public noted a smell of intoxicating liquor from the defendant, which aroused suspicion.
He then observed the defendant drive a vehicle onto the Moira Road.
Police attended the last known address of the vehicle and observed it in the driveway,
They spoke with the defendant, who matched the description given by the member of the public.
He failed a preliminary breath test and was conveyed to custody, where a second test gave an evidential reading of 90 micrograms per 100 millilitres of breath, the legal limit being 35 micrograms per 100 millilitres of breath.
It was stated that the defendant said he had only had “a swig of whiskey”.
Defence told the court the defendant had been driving for 40 years with no previous convictions.
He continued: “He doesn’t really drink in the house. Someone had given him a bottle of whiskey.”
During sentencing, District Judge Rosie Watters said: “The only thing that concerns me is that he got a reading of 90 in an afternoon.
"That gives me an impression he is doing a lot of drinking.
"People who drink during the day and can get themselves to 90, I wonder does he have a problem he has to go to his GP about.”
Ms Watters disqualified the defendant from driving for 12 months, which will be reduced to nine months on completion of a drink driving course. He will also have to resit his driving test.
She also imposed a fine of £250, as well as an offender’s levy of £15.
Addressing the defendant, Ms Watters said: “You should recognise the amount you are drinking.
"If you are drinking in the afternoon or mornings, see your GP, maybe there is a reason behind all that.”