Driver 'too drunk to operate sun roof' - court

With a half empty bottle of wine clutched between his legs, Harvey Russell Dawkins continued to struggle with the controls until officers arrived, the court was told on Thursday, August 21.
Tests later showed the 49-year-old, self-employed plumber was more than three times over the legal alcohol limit for driving.
John Sanks, prosecuting, said that passers-by in The Wharf, Newbury, flagged down a passing police car at 11.10pm and pointed to a blue Audi Convertible.
He added: “There was a man trying to drive the vehicle while very drunk. Officers saw the roof going up and down, then up again. The defendant was obviously struggling to open it - or close it, the officers weren’t sure which - while the engine was running and the lights were on. Between his legs was a half empty wine bottle.”
Tests subsequently showed 111mcg of alcohol per 100ml of breath in Mr Dawkins’ system. The legal limit is 35mcg.
Mr Dawkins admitted being in charge of a motor vehicle after drinking more than the legal limit and using a motor vehicle without insurance, both on June 21 this year.
Since the incident his licence has been revoked for three years for a seperate offence of drink driving, the court heard.
Mike Davis, defending, said his client was adamant that he had not intended to drive on that occasion.
He added: “He intended to have one, maybe two, drinks and drive home. But he met people he knew and decided to leave the car for the night and get a taxi home.
"However, he had left the roof down and thought he would close it. It’s fair to say he was making a meal of it and accepts that he was in charge of the vehicle. The lack of insurance was an error.”
Because of the high alcohol reading, Mr Dawkins was unable to prove he would have been under the limit when he returned to collect his vehicle next day, and therefore had no statutory defence against the charge, said Mr Davis.
Magistrates asked for pre-sentence reports to be prepared on Mr Dawkins that same day.
However, a probation officer reported back to say that Mr Dawkins had raised several issues about his health that would require a more in-depth assessment.
He was therefore bailed until September 18 for these to be prepared.