A 33-year-old man caught drink driving for the third time has escaped a prison sentence.
Leo Scarth, 33, appeared before Swindon Magistrates’ Court this morning to be sentenced for driving under the influence of excess alcohol, driving without a licence and driving without insurance. He was found guilty at a trial in February having pleaded not guilty.
Crown prosecutor Ben Worthington said the defendant, of Patchway, Chippenham, was seen driving a BMW by officers who were interested in him for other offences.
They kept the vehicle in sight, following it into Britains Close, Sutton Benger, where they approached the car to discover Scarth sat in the passenger seat. The driver’s seat was empty.
He claimed to officers he wasn’t driving but was subsequently arrested.
In custody, on an evidential breath test machine, the Scarth blew a reading of 81 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35.
The court heard Scarth – who said he has a partner and two children – has two previous drink driving convictions. The defendant doesn’t work, suffers from mental health issues and heart problems.
District judge Joanna Dickens said: “Driving with excess alcohol is really serious.
“You have a really bad record; I did consider whether or not to send you to prison today, but I’m not going to.
“I’m pleased to hear you’re getting help. If you don’t you’re going to kill someone, you’re going to kill yourself, injure yourself or injure someone.
“You cannot do it anymore; you have been a danger to other road users.”
She imposed a £50 fine, three-year driving ban and ordered Scarth to complete a 12-month community order with 20 rehabilitation activity requirement days. He must also pay a £90 victim surcharge.
Despite the Crown Prosecution Service asking to be awarded for costs of more than £600 following his trial, no costs were awarded due to Scarth being on benefits.
Judge Dickens imposed a collection order, meaning the money owed to the court could be deducted from his benefits if he failed to pay.
