Drink-driver left Spanby home after having ‘tin of paint’ thrown at him, but was stopped by police at Holbeach after partner reported vehicle as stolen

A drink driver has been banned from the roads for more than three years after police received reports from his partner that he was driving a stolen vehicle.

Although the Nissan Qashqai actually belonged to him, Michael Davis was over the legal drink-drive limit when police stopped him on Cecil Pywell Avenue in Holbeach at 4am on October 13.

The 37-year-old Spanby resident had left the home following an argument, a court was told.

“Police stopped the vehicle that was reported as stolen, however that was not proceeded with,” prosecutor Lottie Tyler explained to Boston Magistrates on Wednesday.

“He was arrested and subjected to a roadside breath test.”

Davis - who has two previous drink-driving convictions - gave a reading of 59 micrograms of alcohol per 100ml of breath. The legal limit is 35mcg.

Defending Davis, Beris Brickles said his client had left the family home following a row.

“There was a domestic argument in the property and he had had a Thermos flask and tin of paint thrown at him,” he said.

“He made the sensible decision to leave the property, but he had nowhere else to go.

“The argument had been about someone he (Davis) was speaking to and, as a result, he had had the sim card stripped from his phone.

“He took the decision to drive to friends for the night but his partner then reported the vehicle as stolen. It was stolen, it was actually joint property.

“She did not tell the police he was driving with excess alcohol and that she was concerned for his safety.

“It seemed he was trying to do the right thing. But it was the wrong thing as he had alcohol in his system.”

Mr Brickles added the defendant was currently out of work but remained in the relationship with his partner.

In a hearing on October 30, Magistrates told Davis he ‘needed to sort himself out’ as he’s ‘spent more time not driving than driving’.

Due to his two prior convictions, Davis, of Mareham Lane, Spanby, was told he would face a compulsory ban of a minimum of three years.

He was handed a 38-month ban and ordered to pay a fine of £120 plus £85 costs and a £48 victim surcharge.