Over-limit driver who didn’t stop for police not charged with drink-driving

POLICY NOT TO CHARGE THOSE ‘WHO BLOW BELOW 40’

AN OVER-THE-LIMIT motorist who went down a road the wrong way and did not stop for a police car following her with lights flashing and sirens sounding in the early hours of Christmas Day was not charged with drink-driving.

Gale King gave a positive test after being breathalysed by officers when they had undertaken her and forced her to stop on Anstey Lane in Leicester.

Prosecutor Kwok Wan told Leicester Magistrates’ Court that King had given a breath test of 36 microgrammes of alcohol in 100 millilitres after being stopped by police at about 12.50am on December 25, but was not charged with drink-driving.

“The legal limit is 35 but Leicestershire Police have a policy not to charge anybody who blows below 40,” he said.

Police have since confirmed the policy to the Leicester Mercury.

Mr Wan said: “Police officers on patrol became aware of a vehicle which was travelling on the wrong side of the road along Anstey Lane.

“There were no other road users at that time. Police were following her with strobe lights flashing and their two tone sirens were employed.

“The officers were forced to undertake her to effectively block her in and cause her to stop. I suspect her driving was due to the influence of alcohol.”

King, of Donald Close, Thurmaston, pleaded guilty to driving dangerously on Anstey Lane, Leicester, on Christmas Day.

Ramandeep Kular, defending, said his client was of previous good character. “Her speed was not excessive,” he said. “No harm came to anyone. She is very remorseful of her actions.

“She was confused by road signs as there were some road works going on. She accepts she was drunk and that may have had an impact on her thinking, by her not thinking properly. My client accepts her standards of driving fell below those expected of a reasonable person.”

Chairman of the bench Amrik Singh said: “This was a very serious offence – driving a motor vehicle dangerously. The police siren was sounding and the lights were on, there was excess alcohol. Luckily, due to the time of the day there was not much traffic about.”

Mr Singh banned King from driving for 15 months and ordered her to carry out 300 hours of unpaid work.

King was ordered to pay a £90 victim surcharge and £85 costs.

After the case, a police spokesman said they followed national government guidelines with regard to charging drink drivers. The national guidelines state no further action should be taken against drink-drivers who give a lower reading of two readings below 39 microgrammes of alcohol in 100 millilitres of breath.