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Drink driver told by judge: 'It's time you learned your lesson' after being found to be more than twice the legal alcohol limit




A driver who refused twice to take a roadside breath test, after being stopped in Spalding, was later found to be more than twice the legal limit.

Michael James Davis, 32, of Mareham Lane, Sleaford, told a court he had not taken a drink that day but had 'drunk substantially' the night before, after admitting driving with 83 microgrammes of alcohol in his breath, more than twice the legal limit of 35.

He admitted failing to take a breath test and also driving with excess alcohol when he appeared at Boston Magistrates Court yesterday (Wednesday, October 23).

Boston Magistrates' Court (17807492)
Boston Magistrates' Court (17807492)

The court was told he had been stopped during a speed check in Station Road, Spalding, on the afternoon of September 28.

The officer noticed the smell of alcohol on his breath and he was asked twice for a breath test but refused and was arrested.

At the police station he provided a sample of 83 microgrammes, the legal limit being 35.

It was said this was his third similar conviction and that he had last been convicted for driving with excess alcohol in 2013.

Mitigating, Tony Davies said Davis had 'drunk substantially the night before and didn't realise it would still be in his system'.

Davis was banned from driving for four years but was offered the drink drivers' rehabilitation course which will reduce the period of the ban by 48 weeks.

He was also fined £300 and ordered to pay £117 in costs and charges.

District Judge Peter Veits told him: “It's time you learned your lesson.”

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