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In drink driving news, a 49-year-old property manager has been banned from driving for 12 months and stands to lose her job after being caught drink driving.

Police were tipped off and stopped Sharon Smith in Stanfield on the evening of February 16.

Smelling alcohol on her breath they administered a roadside breath test which proved positive, and further analysis showed Smith to have 42mcg alcohol per 100ml breath. The legal limit is 35mcg.

Choosing to represent herself in front of magistrates, Smith claimed she had been assaulted and only got in her car to escape her attacker.

“I am sorry. It is not something I intended to do,” she said.

“I had to get away from him. I should not have got in my car. I should have called the police. I was upset and scared. I just wanted to get home.”

Smith went on to add that she would also lose her job as a property manager if she lost her driving licence.

Magistrates fined Smith £250 and ordered her to pay costs of £135 and a £30 surcharge. Her ban may be reduced by 13 weeks if she completes the drink-drivers’ rehabilitation course.

LEARN MORE: If you would like to know more about our drink driving defence services and how Freeman & Co. can help your case, just click the link.


Drink Driving Soldier Demoted

An “exemplary” soldier who has appeared in court on his second drink-driving charge has been banned from driving for 40 months and faces further penalties and disciplinary action from the military.

York Magistrates heard how 21-year-old Hayden John McIntee was stopped on Fishergate, York, on January 21 with passengers in his car. He gave a reading of 62mcg alcohol per 100ml breath – almost twice the legal limit of 35mcg.

Rachel Fletcher, mitigating, told the court he was a serving member of the Royal Artillery, submitting a reference from his senior officer describing him as an “exemplary” soldier who had won awards and topped an Army leadership course.

She went on to explain that McIntee, from Cliffe, North Yorkshire had travelled north from his base in Portsmouth to go out with friends. He had stopped early as he knew he would be driving back to his base the following day.

This conviction will cost him not only the promotion he earned in November but also the £5,000 pay rise that went with it. He will also be expected to appear in front of his commanding officer and is expected to receive an additional fine.

McIntee was on 12-hour notice to move and was anticipating deployment to Germany, making it difficult to carry out a sentence involving unpaid work or a curfew.

Senior Magistrate Richard Goodacre said that despite his achievements in the army, McIntee had failed to learn the lessons of his first conviction. He also took McIntee’s Army service and their response to his conviction into account when passing sentence.

After pleading guilty to drink-driving, McIntee was banned from the roads for 40 months and received a fine of £70. He was also ordered to pay £85 costs and a £37 statutory surcharge.

LEARN MORE: If you would like to know more about our drink driving defence services and how Freeman & Co. can help your case, just click the link.


Drink Driver At Three Times Legal Limit Banned For 15 Months

Selkirk Sheriff Court has heard how a mum-of-two was caught drink-driving after going to pick up her sons from a bus stop.

Karel McCoy, 46, from West Linton was breathalysed after entering a shop smelling of alcohol, purchasing more, and driving more. The shop staff contacted police.

The breath test showed her to have 57mcg alcohol per 100ml breath. The legal limit in Scotland is 22mcg.

Procurator fiscal Graham Fraser said “Police went round to her home address but she was not there.

“However, they had a look round the village and eventually came across her and she had two boys on board.

“She got out of the vehicle and went up to the police car and they could smell the alcohol off her.”

Defending McCoy, Sophie Russell explained that she had consumed a lot of alcohol the previous night, drinking into the early hours before sleeping in the afternoon.

When McCoy awoke at around 3.30pm she had a bottle of cider but had not eaten anything.

“She was stopped by the police at about 9.25pm,” said Ms Russell.

“She had received a telephone call from her son. Both her sons had been dropped by a bus stop three miles away and needed to be picked up.

“It was night time but she should have told them to walk or get a taxi the rest of the way.

“She did not think she would be over the limit.

“This will have a significant impact on her husband as she is the main driver in the family and the nearest bus stop is three miles away.

“He depends on her to drive to the doctor’s and to pick up prescriptions.”

After pleading guilty to the drink-driving charges, McCoy was fined £250 in addition to the 15-month ban.

LEARN MORE: If you would like to know more about our drink driving defence services and how Freeman & Co. can help your case, just click the link.


Drug Driving Disqualification After Refusal TO Give Specimen

A 29-year-old man from Maldon has been banned from the roads after refusing to provide a specimen for analysis after being suspected of drug-driving.

Abdul Miah claimed to have a phobia of needles after being asked to provide a blood sample following his arrest on October 14 last year.

Chelmsford Magistrates Court heard how police officers stopped Miah’s VW Golf in Boreham at around 7pm after smelling cannabis and seeing him get into his car. He tested positive in a roadside swab and was arrested on suspicion of driving over the prescribed limit for drugs.

While in custody he refused to provide a sample specimen when asked required to do so.

Casualty Reduction Manager for Essex Police, Adam Pipe, said: “Miah refused to provide a blood sample to be sent to the laboratory for testing claiming he had a phobia of needles.

“However a medical expert refuted this was the case.

“Roadside drug testing swabs mean we are better equipped than ever to detect drug drivers.

“If you take drugs and get behind the wheel it is only a matter of time before you are caught and put before the courts.”

Miah pleaded guilty to the charge of failure to provide a specimen, however drug-driving charges here not brought against him. Magistrates banned him from driving for 15 months, as well as imposing a £500 fine and ordering him to pay £200 in costs.

About Freeman & Co.

Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.

Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.

The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.

Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.

The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.

If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.

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