Driver over the limit the morning after

Wigan and Leigh Courthouse
Wigan and Leigh Courthouse
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A Wigan man has been banned for 12 months after he was charged with being over the limit the morning after he went out drinking

Wigan magistrates heard how Christopher McCabe’s breath test showed he had 47mg of alcohol in 100ml of breath with the legal limit being 35mg.

The 31-year-old, of Loxton Crescent, Hawkley Hall, was stopped by police just before 10am when an officer spotted him using his mobile phone at the wheel on Warrington Road in Worsley Hall on May 21.

Prosecutor Tess Kenyon told the court: “On May 21 PC Greenhalgh was on duty at 9.50am on Clapgate Lane when she saw a silver vehicle driving along Warrington Road.

“Mr McCabe was driving and using a mobile phone. The officer followed him and signalled for him to pull over which he did.

“The officer spoke with Mr McCabe and smelled alcohol on his breath.

“He was asked if he had been drinking and he said he had been drinking the night before.”

McCabe, who represented himself in court, told magistrates he would lose his job as a result of being banned, due to his lengthy commute to Congleton.

He said: “I had gone out and went home at about 12.30am and only drove the next morning.

“I need my licence for my job. I drive to and from work and have to get from place to place too.

“It would take me five to six hours to travel to work if I couldn’t drive there.”

McCabe was offered the drink driving rehabilitation course which he accepted and must take before January 8 next year to have his year-long ban reduced by 13 weeks.

He was also fined £120 and ordered to pay court costs of £85 as well as a victim surcharge of £30.