Hebburn driver banned after being caught at lowest possible illegal alcohol level

A South Tyneside drink driver is starting a roads’ ban after being caught at the lowest possible disqualification level for booze.

Allan Pearson, 59, of Hautmont Road, Hebburn, gave a breath test reading of 40mcg of alcohol, against a limit of 35mcg.

But his solicitor told borough magistrates police do not prosecute readings of 39mcg or below – meaning Pearson was maximum borderline.

He was stopped by police acting on a tip-off he had driven his Citroen C4 away from the car park of Hebburn’s Mill public house at 4pm on Sunday, September 10.

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Prosecutor Daniel Hill said: “An officer will state he was on mobile patrol in a marked police vehicle when he received a request over the radio of a possible drink driver.

“He attended the Mill public house, where the vehicle was located. The driver admitted to drinking three or four pints of John Smiths.

“The officer believed the defendant was drunk and transferred him to the police station. He gave two breath samples, the lowest was 40mcg.”

Pearson, who was pulled over by police in Burn Heads Road, Hebburn, pleaded guilty to a charge of driving with excess alcohol.

The court heard he has a single previous criminal conviction, also for drink driving, in 2012.

Following that conviction, he sat a drink driver awareness course which reduces a roads’ ban by a quarter and is designed to show offenders the dangers of boozing at the wheel.

Geoffrey Forrester, defending, said: “The legal limit is 35mcg but if the level is less than 40mcg, you don’t get prosecuted.

“This was the lowest level that will ever come before a court for a criminal conviction. The appropriate disqualification is no more than 12 months.

“He finds it hard to believe that this has happened to him. He does take responsibility.

“I would say that it would serve a certain purpose to offer him the course so that he knows not to drink and drive.”

Magistrates banned Pearson from driving for 12 months and fined him £300, with a £120 victim surcharge and £85 court costs.

They offered him a place on a driver rehabilitation programme.