A MOTORIST more than three times the drink-drive limit could have ‘killed himself and others’ after his car was seen swerving across lanes of a busy motorway, a court heard.
Danny Patrick Mcauliffe, of Weston Street, Portland, got behind the wheel of a silver Renault Clio on May 10, 2020 following an argument with his partner.
Homeless and no place to stay locally, the 40-year-old excessively drank alcohol and then drove towards London, where he previously lived.
Prosecuting, Andrew Newman, told Weymouth Magistrates’ Court how Mcauliffe was seen driving on the M3 northbound near Winchester, Hampshire.
He said: “A car was reported swerving across three lanes and travelling over 100mph. A silver Renault Clio was pursued by the police travelling northbound on the M3.
“He was observed driving at 70mph and drifting onto the hard shoulder before he was requested to stop by police. He stopped at Winchester Services where he was spoken to by police officers.
“Police officers smelt alcohol and he gave a breath test at the scene and then carried out another test at the police station.”
Mcauliffe’s breathalyser test gave a reading of 128 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35 microgrammes in 100 millilitres of breath.
He admitted driving with excess alcohol at a previous appearance at Basingstoke magistrates court.
Driver later drove over the limit again just two months later, court heard
Magistrates heard Mcauliffe, currently unemployed but a builder by trade, was also caught drink driving two months after being caught on the motorway.
The second offence, in which he was twice over the drink-drive limit at the wheel of the same car, occurred on Portland Beach Road on July 31, 2020. Although it occurred in July, Mcauliffe has already been dealt with for it - being fined and banned from the road for 24 months.
Mitigating, Aileen Tring, said Mcauliffe gave a ‘high reading’ after being caught on the motorway, but said he regretted his actions and had been dealing with alcohol addiction ‘on and off for 20 years’.
She said: “The reason the offence happened was that he had an argument with his partner, and he drove to London and obviously had been drinking.
“He was depressed and unhappy and he fully accepts that this is not acceptable.”
Mrs Tring added: “He was homeless at the time and going back to London. He wasn’t aware his driving was that bad but he’s not disagreeing with that.
“He reached a crisis point and realised he needed to sort his life out. He’s doing everything he can to ensure this doesn’t happen again and is dealing with his alcohol problem.”
Mrs Tring added Mcauliffe was receiving professional help from addiction treatment organisation Reach Drug & Alcohol Services and has been sober for five months.
She also told the court he has since reconciled with his partner, who is ‘fully supportive’ of his recovery from alcoholism.
'I’m not going to underplay this, but you could have killed yourself and others on that road.'
Chairman of the bench Robert Ford told Mcauliffe he could have killed himself or others had he crashed on the M3.
He said: “We have evidence of bad driving on a busy motorway with an appalling level of alcohol inside you.
“I’m not going to underplay this, but you could have killed yourself and others on that road.”
Magistrates gave him a 16-week prison sentence, suspended for 12 months with a requirement to undertake a rehabilitation activity programme. He was disqualified from driving for 30 months and must pay a £122 victim surcharge and costs of £85.
Mcauliffe was warned if he doesn’t carry out the rehabilitation ordered by magistrates or offends again he will be sent to prison.
Mr Ford told him: “The purpose behind this is to help you with your alcohol problem so you don’t offend again.
“You were lucky. I don’t use the term likely as you were caught driving with alcohol in your body twice.
“We appreciate you have been dry (from alcohol) for five months, but we have designed this programme to help you.
“I am making this offer as we want to support you in getting off the alcohol and get you in the position where you can drive again for business or for work in the future.
“We don’t usually do this, but we are trying to help you not to drink. Please stop drinking.”
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