A driving gesture caused a South Tyneside motorist to be tested for alcohol - he was found to be over the limit

South Shields Magistrates Court.South Shields Magistrates Court.
South Shields Magistrates Court.
He gave a roadside test reading of 49mcg of alcohol in breath. The legal limit is 35mcg.

A South Tyneside labourer who drank shandies at a christening is starting a roads’ ban after an altercation with another motorist caused him to be breath tested.

Marcus Robertson’s innocuous ‘beep’ gesture led to him being tailed after he left the event in Wickham, Gateshead, with both motorists’ cars touching on route, a court heard.

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Police were alerted to the collision on Saturday, April 22, and Robertson, of Hedgeley Road, Hebburn, gave a roadside breath test reading over the limit for booze.

He is starting a 12-month disqualification after pleading guilty at the borough’s magistrates’ court to driving with excess alcohol.

Prosecutor Glenda Beck said: “A police officer was tasked to attend the Whickham area after a report of a road traffic collision.

“The victim had followed another driver and had rung the police. Officers saw the reported vehicle travelling along Front Street at Whickham.

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“When they spoke to the defendant, he was immediately acting in a defensive manner. He blamed the other vehicle for what had occurred.

“He kept trying to walk away and the officer had to raise his voice for him to remain with him.

“He was asked if he had consumed alcohol and he said he had had one pint of shandy but couldn’t say when. A breath test was positive.

“There are no similar previous convictions recorded. It’s aggravated by the reference to a collision but it’s not clear from the evidence what happened.”

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Robertson gave a roadside test reading of 49mcg of alcohol in breath. The legal limit is 35mcg.

The lowest of two evidential samples provided after his arrest showed 47mcg of alcohol.

Sandra Fife, defending, said: “He was at a friend’s child christening, but his own child wasn’t feeling well, so he decided to leave.

“He saw the other vehicle that’s been mentioned pull in front of him. All he did was to beep his horn and that led to him being followed. The vehicles did touch.

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“The other driver waited at the scene. He’d had three shandies and was surprised that he was over the limit.

“He’s told me that he’s taking medication and as a result of taking that, he isn’t sleeping properly and isn’t eating properly, so perhaps the alcohol had more effect.

“He didn’t think he’d be over the limit on what he’d had to drink.”

Robertson was also fined £400, with a £160 victim surcharge and £85 court costs.

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