Pub DJ caught drink-driving
A DJ caught drink-driving after leaving work has been banned from the road for a year.
Steven Maginess, of Walton Croft in Dalton, had denied the offence because he was only slightly over the level permitted by police.
But when an expert witness was unable to challenge the reading of 40 microgrammes of alcohol in 100 millilitres of breath – the legal limit being 35 – he changed his plea.
Alex Bozman, prosecuting, told Kirklees magistrates that police came across the 46-year-old’s Audi A6 shortly after 10pm on April 27.
Maginess was parked by the side of Newland Road in Kirkheaton with the engine still running and his car keys in the ignition.
He was in the vehicle with his wife and he claimed that he had driven a short distance and then had a drink.
Because he smelt of alcohol police requested a roadside breath test which he failed.
Maginess was then taken to the police station where further tests showed that he was five microgrammes over the prescribed limit.
He had denied drink-driving but then changed his plea to guilty shortly before his trial was due to take place at the Huddersfield court.
Ian Whiteley, mitigating, explained: “The reading was 40 in breath and from 35 to 39 there is usually some leeway.
“Generally police do not prosecute in that particular band.”
Magistrates were told that Maginess had work as a DJ but left the pub for a reason he didn’t wish to elaborate on.
He had drunk only a couple of pints that evening – having some more alcohol while sat in his car after driving the short distance.
Mr Whiteley added: “As a result of his instructions I obtained a BAC (Blood Alcohol Content) report from an expert. That can’t challenge the reading advanced by the prosecution of 40. “The whole case rested on the expert’s report and, as I can’t challenge it with this report, I told the court there would be a change of plea.”
Magistrates fined Maginess £324 and told him to pay £85 prosecution costs plus £32 victim surcharge. They disqualified him from driving for 12 months.