A MAN who was more than three times the drink drive limit, almost five hours after he caused a head-on smash, has escaped jail.
Jonathan Harold Segar, of Evesham Road in Cookhill, was given an eight week prison sentence, suspended for one year, after admitting drink driving at Redditch Magistrates’ Court.
The court heard the 62-year-old had been drinking on the morning of January 12 and had gone into Redditch to do some shopping.
Prosecuting, Owen Beale said police were called about 4.40pm to the Evesham Road in Cookhill, near some temporary traffic lights.
When officers arrived at the scene of the accident, Segar was sitting in his Smart car. He was taken to the Alexandra Hospital where police kept a close eye on him to ensure he had nothing to drink.
Almost five hours later officers were able to breathalyse him and found he had 122 microgrammes of alcohol in 100 millilitres of his breath. The legal limit is 35 microgrammes of alcohol in 100 millilitres of breath.
Segar had already been convicted of drink driving in October 2013 and on that occasion had been fined £400 and disqualified from driving for more than a year.
Defending, Christopher Aggrey said Segar could not recall much but did know he was the one who was behind the wheel.
He added Segar had a drinking problem which had been ongoing for about 15 years and had been having trouble with his marriage.
“He is deeply ashamed of what he has done and takes full responsibility.” Mr Aggrey said.
“He is prepared to do what he can and turn his life around.”
The court heard Segar had been working hard to put his marriage right and as long as he remained sober was allowed to stay at his family home and had even received a job offer from a software company.
Chair of the bench Mary Marsh warned Segar the offence was so serious ‘custody is the only suitable option’.
“The level of the reading was so excessive, really this offence falls in the category of custody.”
As well as the suspended sentence, Segar was made subject to a supervisionary requirement for 12 months, told to undertake an alcohol treatment course for six months and complete 240 hours of unpaid work.
He was also disqualified from driving for 45 months and given the opportunity to undertake a driver rehabilitation course.
Segar also has to pay £85 in costs and an £80 victim surcharge.