New Year’s Eve drink-driver avoids ban

Newbury magistrates took the “unusual step” of allowing 27-year-old Michal Jata to keep his licence - even though he was caught behind the wheel after drinking more than the legal limit on New Year’s Eve.
The reason they were allowed to use their discretion was because he had pulled over to eat a sandwich – and so was technically committing a lesser offence of being in charge of the car after drinking when police challenged him.
Claire Beards, prosecuting, said officers on patrol at 6.50pm approached Mr Jata, of Crawford Place, Newbury, as he sat in his Audi A3 just off Boxford High Street.
She added: “The lights were on and the keys were in the ignition. Asked if he had been drinking, he replied that he had. He said he had stopped to eat a sandwich and had intended to drive on to Hungerford.”
Tests later showed 47mcg of alcohol per 100ml of breath in his system. The legal limit is 35mcg.
Mr Jata, who was representing himself, admitted being in charge of a motor vehicle after drinking more than the prescribed limit on December 31 last year.
Asked if he had anything to say about the circumstances of the offence, he replied: “No.”
The clerk then asked how a driving ban would affect him and Mr Jata replied that he was employed full time as a chef and could lose his job if he lost his licence.
Presiding magistrate Sue Campbell said: “We are taking the unusual step today of not imposing a ban. We have noted your hitherto clean licence, the fact that you cooperated fully with the police and your early guilty plea.”
Instead, they imposed 10 penalty points on Mr Jata’s licence and fined him £150.
He was also ordered to pay £85 costs with a statutory £20 surcharge.