A PAINTER and decorator caught drinking cider at the wheel of his vehicle in a lay-by, while more than twice the drink-drive limit, was spared automatic disqualification.
Isle of Wight magistrates were persuaded he was addressing alcoholism and that a ban would damage his and his apprentice's livelihoods.
Stephen Ward admitted being drunk in charge of a motor vehicle on August 12.
Liz Miller, prosecuting, said two police community support officers saw Ward, from Melbourne Street, Newport, parked up in a lay-by while they were on patrol in Blythe Shute, Chale, at around 3pm.
Isle of Wight Magistrates were told on Tuesday that he had been sat at the wheel, with keys in the ignition, drinking from a can of cider.
The officers told Ward to stop drinking and to get out of the vehicle. Police arrived 20 minutes later and conducted a roadside breath test, which the 57 year old failed.
At Newport station, Ward blew an alcohol reading of 79. The legal drink-drive limit is 35.
Before Ward was found, police had been tipped off there was a possible drink-driver and were looking for a Renault Berlingo.
For Ward, with no previous convictions, Barry Arnett said the breakdown of his client's first marriage led to him drinking much more, but his second wife, who attended court to support him, had raised the problem with him as a concern that morning and they argued.
A self-employed painter and decorator who had employed an apprentice, Ward had contract work half a mile from where police found him.
Ward told Mr Arnett: "It was the kick up the backside I needed."
"He accepts he had become alcohol dependent," Mr Arnett explained.
"Things were playing on his mind. He left the site and parked up, then planned to go back and finish off his day's work."
Ward had referred himself to Alcoholics Anonymous meetings and had been to see his GP to address his mental health issues, Mr Arnett told the bench.
He said: "His apprentice doesn't drive, so his job is on the line, and he has plenty of work now things have started to pick up.
"If he was banned, chances are he would struggle to keep the contract. He is now dealing with things head-on."
Magistrates fined him £133, with £85 costs and a £34 victim surcharge.
Using their discretion, magistrates said Ward's licence would be endorsed with ten penalty points, rather than ban him, because of the measures he had taken to address his alcohol dependency issues and that the livelihoods of him and his apprentice were on the line.
But presiding magistrate, Janice Routledge, warned him that so much as a speeding offence over the next three years would see him banned from driving.
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