A 60-YEAR-OLD man who admitted drinking and driving – as well as driving without insurance or a licence – has been judged too ill to go to prison.
Richard Eric Brock was instead given two suspended sentences, fined £280 and banned from driving for two years, as he suffers from chronic obstructive pulmonary disease – a lung condition that causes breathing difficulties.
The Magistrate’s Court heard yesterday that, at 6.30pm on 16 May, Brock was involved in a collision with another car in Route de la Libération. His car was written off as a result of the accident.
The driver of the other car believed him to be intoxicated. The police were called and Brock gave a roadside breath test which proved over the limit. He claimed he had a driving licence and was unable to find it in his wallet, but later admitted he did not possess one. Because he had no licence, Brock could not have valid car insurance.
Advocate Luke Sette, prosecuting, told the court that Brock had previous convictions for failing to give a breath specimen when suspected of drink-driving in 1993 and driving without insurance in 1991.
Advocate Stephen Wauchope, defending, pointed out that he had pleaded guilty at the earliest opportunity and said: ‘I believe him to be at very low risk of reconviction.’
He said that Brock rarely drove and added: ‘It was actually an exceptional event. He has learnt his lesson and is never going to commit another motoring offence.’ He also said that Brock only had £142 per week to live on.
Assistant Magistrate Peter Harris said that drinking and driving and driving without insurance could both result in jail sentences if a road accident subsequently took place, but told Brock that because of his COPD, ‘You are not fit to go to prison. I am mindful of your health condition so the options are very limited.’
He sentenced Brock to one month for each offence but suspended the sentences for a year, saying: ‘I have no doubt that you can keep out of trouble for the next 12 months.’
He imposed a fine of £280 for driving without a licence, to be paid at £40 per month. Brock was disqualified from driving for two years and must retake a driving test before he is allowed to drive again.
