Motorist with three drink-drive offences is spared from jail

Chesterfield magistrates' court.

Chesterfield magistrates' court.

A motorist who has clocked-up three drink-drive offences has narrowly escaped being sent to prison.

Chesterfield magistrates’ court heard on Friday, July 15, how Matthew Adlington, 30, of Hambleton Avenue, North Wingfield, Chesterfield, was stopped by police when he was seen accelerating and crossing white lines on Eckington Road, Staveley.

Prosecuting solicitor Sarah Haslam said: “Police saw the defendant driving a VW Golf and accelerating and crossing white lines and he was stopped further down the road and smelled of alcohol.

“His record includes a conviction in 2008 and another in 2010 for similar matters so this was his third drink-drive offence.”

Adlington pleaded guilty to exceeding the drink-drive limit after recording 48 microgrammes of alcohol in 100millilitres of breath on Peveril Road, Eckington, when the legal limit is 35microgrammes.

The probation service stated Adlington made a poor decision after consuming four pints of lager but he has expressed remorse and has engaged well in terms of victim awareness and understanding the possible consequences for his actions.

The probation service also added that Adlington understands that custody is a possibility after the offence on July 1.

Defence solicitor David Gittins said: “If this had been a first drink-drive offence it would have been a simple matter but it’s aggravated because of the previous convictions but he needs to be sentenced proportionately.

“He had been out for social drinks and had miscalculated the amount of alcohol that would have been in his body.

“The problem is his record with three offences in eight years. It’s three too many but it’s over a long period of time. This is not a person who would on a yearly, monthly or daily basis drink-drive.”

Magistrates stepped back from imposing custody and sentenced Adlington to a 12 month community order with a Rehabilitation Activity Requirement and a Thinking Skills Programme with 100 hours of unpaid work.

He was also ordered to pay £85 costs and an £85 victim surcharge. Adlington was also banned from driving for 40 months.