Police used CS gas to detain drink-driver

Dayle Roby, 33, was nearly three times over the legal alcohol limit for driving when he was stopped by police on January 22.

Wigan and Leigh Magistrates’ Court heard that he got behind the wheel of a friend’s Ford Fiesta after drinking lager and shots in a pub.

Tess Kenyon, prosecuting, said: “Mr Roby was seen driving a Ford Fiesta just before 1am on January 22.

“PC Noblett states the car was being driven at speed down side roads, then it pulled into a cul-de-sac and parked up on a driveway.

“Two officers parked their vehicle directly behind, blocking it.

“Mr Roby got out of the car, leaving the driver’s door open and started to walk away.

“He ran past the officers. They managed to grab him. There is a struggle.”

She said PC Noblett had to use her CS spray to detain Roby.

He was breath-tested at the police station and the lowest reading was 101mgs of alcohol in 100mls of breath - nearly three times the legal limit of 35mgs.

The court heard from a probation officer who had interviewed Roby, of Hough Lane, Tyldesley.

He said he had been watching football in the pub with friends and “panicked” when he saw the police, she said.

Roby, an unemployed labourer, suffered a bereavement and relationship breakdown in recent months and lost his accommodation, with things “getting on top of him”.

Bob Toppin, defending, said: “After his initial panic, he knew he was over the limit and co-operated at the police station and to his credit, he has pleaded guilty straight away.”

Roby admitted drink-driving, failing to stop the car when required by the police, resisting PC Lunio in the execution of his duty and driving without insurance.

Magistrates imposed a 12-month community order with 100 hours of unpaid work.

He was banned from driving for 25 months and must pay £85 in court costs and an £85 victim surcharge.