A MOTORIST who had an open can of lager in his car when stopped by police had been convicted of drink-driving twice before.
Michael Boland, 30, admitted a third such offence after failing a roadside breath test March 21. Wigan magistrates heard officers also found a small bag of cocaine on the passenger seat of his car.
Katie Beattie, prosecuting, told how plain clothes officers spotted Boland driving erratically and at speed along Lily Lane, Bamfurlong, towards Ashton. They watched as the vehicle swerved across the road before the driver pulled up outside a takeaway.
Spotting an open can of lager in the car, the officers asked Boland if he had been drinking.
He admitted to having downed “a couple of pints” before failing the breath test. Boland, who was found to be nearly double the legal limit, also pointed the officers towards the cocaine but insisted it was for his personal use.
The defendant, who was unrepresented, told justices of his “deep remorse” – despite previous drink driving convictions in 2003 and 2009. He said: “I don’t seek to justify my actions but it wasn’t a deliberate drink-driving offence. I had slept for four or five hours before getting in the car and didn’t know I was still over the limit. The can of lager in the car wasn’t mine - it was my brother’s from the day before.”
Magistrates handed Boland, of Elizabeth Road, Haydock, a four-month jail sentence but suspended it for 12 months. They also banned him from driving for 44 months and ordered him to complete 80 hours’ unpaid work and pay a £250 fine, £100 towards prosecution costs and an £80 victim surcharge.