Huddersfield Daily Examiner

Drink-drive man was four times over limit

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A MAN who drove his wife’s mobility car while almost four-and-ahalf times over the legal limit drank to cope with his anxiety, a court heard.

Police were called after the vehicle Devon Powell was driving was involved in an accident on Huddersfie­ld ring road on February 6.

Officers attended the scene on Southgate at just after 7pm and the person in the other car said they believed that the 48-year-old had been drinking.

Kirklees magistrate­s were told that Powell failed a roadside breath test and was arrested.

Further police station tests showed that he had 155 microgramm­es of alcohol in 100 millilitre­s of breath.

This was almost four-and-a-half times the legal limit of 35 microgramm­es.

Powell, assisted in court via a sign language interprete­r, pleaded guilty to driving while over the prescribed limit.

Zahid Majeed, mitigating, explained that his client’s wife was severely disabled and he used her mobility car to run errands.

He suffers from tinnitus, which he likens to an aeroplane engine type noise, and this gives him anxiety.

The court heard that Powell, of Hall Cross Grove in Lowerhouse­s, drinks alcohol daily as a means of coping with that anxiety.

Mr Majeed added: “It’s a very high reading. However, he’s somebody who has personal mitigation in the form of others who rely on him.

“He’s had 22 years worth of driving with no problems with the law at all.

“This case is exceptiona­l for the court to step back from custody.”

Magistrate­s sentenced Powell to a community order as a direct alternativ­e to custody. He has to complete 100 hours of unpaid work and 10 days of rehabilita­tion activities.

Magistrate­s banned him from driving for three years and ordered him to pay £85 costs and £85 victim surcharge. Devon Powell, who drank to cope with anxiety, was found over the limit after he was stopped by police at Southgate, Huddersfie­ld

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