Uninsured motorist caught drink driving on a busy South Tyneside street
An uninsured motorist is starting a 12-month road ban after being caught driving in South Tyneside at exactly the minimum level for prosecution for alcohol.
A breath test showed Sabri Boraj, 45, had 40mcg of booze in his blood after his arrest in Frederick Street, Laygate, South Shields, on Friday, January 16, a court heard.
Although the national drive limit is a lower 35mcg, his solicitor told his hearing police only prosecute at 40mcg or above – leaving Boraj bang on the money for a disqualification.
Prosecutor Emily Hunt said Boraj, of Havelock Close, Bensham, Gateshead, came to the attention of officers when he drove a black Audi into one-way Frederick Street.
Ms Hunt told magistrates in South Tyneside: “It appeared to be driving to a stop, and it parked up before then driving away.
“They observed the driver exiting the driver’s side after it had stopped again. He was verbal towards the police and repeatedly shouted.
“The officers could smell alcohol and noticed his eyes were glazed. A roadside breath test was positive.
“He completed the CAMIC breath test after his arrest and the lowest reading was 40mcg. Checks showed no licence and no insurance.
“It’s a disqualification in the range of 12 to 16 months.”
Boraj pleaded guilty to charges of drink driving, driving without insurance and driving without a licence.
The court heard he has one previous conviction from two offences, for driving without insurance and a licence for which he was made subject to a community order in 2020.
David Forrester, defending, told magistrates Boraj would not have been prosecuted had his alcohol level been just one microgram lower.
He said: “He was doing a favour for a friend. He was in his friend’s vehicle.
“The reading was 40mcg. If it had been 39mcg he wouldn’t have been prosecuted, that’s the way it is.
“The offence is aggravated by no licence and no insurance. He understands that he has to be disqualified.”
For drink driving, magistrates banned Boraj from the roads for 12 months and fined him £120, with £85 court costs and a £48 victim surcharge.
There was no separate penalty for the other two offences.
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