Driver ‘swerved between lanes’ on M5 with empty cider bottles in van
A driver who was followed by police while swerving across the M5 with empty cider bottles in his van has been disqualified from driving for three years.
Stuart Kent, 45, from Benfieldside, Durham, pleaded guilty to driving a vehicle without due care and attention, for failing to cooperate with a preliminary test and for failing to provide a specimen for analysis and was sentenced at Newcastle Magistrates’ Court on Tuesday 27 January.
Kent was also given a 16-week custodial sentence, suspended for 18-months, must pay a £154 victim surcharge, court costs of £85, and his 36-month driving disqualification will be reduced by 36-weeks on the successful completion of a course, and an order to complete 200 hours of unpaid work.
The charges relate to an incident involving Kent who was travelling southbound on the M5 from Avonmouth at around 8.55pm on Sunday 30 November.
The vehicle, a Vauxhall Vivaro panel van, was described to be swerving and unable to be driven in a straight line, at times travelling close to other vehicles and narrowly avoiding several collisions.
Officers who arrived at the scene described the vehicle as “swerving between lanes” and were concerned the driver was under the influence of alcohol.
Pre-emptive tactics and a stinger device were then used to stop the vehicle in the interests of public safety near Taunton Deane Motorway Services.
When Kent was out of the vehicle, an officer said to him while he appeared to stumble: “Having trouble standing up a little bit, are we?
Kent smelled strongly of alcohol and refused to provide a roadside breath sample while in the back of a patrol car, and he was subsequently arrested. He was then taken to Bridgwater custody unit where he refused to provide a further sample of breath for analysis without providing a medical reason, and said: “I’m damned if I do, and damned if I don’t.”
He pleaded guilty to the offences at Taunton Magistrates’ Court on 15 December, where he was given an interim driving ban ahead of sentencing.
PC Mike Chapman, officer in the case, said: “This is an appalling case where a driver under the influence of alcohol drove a significant distance along the M5 southbound, at times swerving and narrowly avoiding collisions with other vehicles.
“He made a conscious decision to get behind the wheel while under the influence of alcohol, and we welcome this sentence as he now won’t be able to put himself or others at risk of serious injury, or worse, through his careless actions.
“If you fail to provide a sample, you will be charged with that offence which can be as serious as drink driving itself.”
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