A distressed man who was caught with a can of beer in a car has been banned from driving for 16 weeks.
Chesterfield magistrates’ court heard on Wednesday, June 13, how Alexander Jonathan Micallef, 30, of Gritstone Road, Matlock, was found sat in a vehicle at Fairholmes, Matlock, and was spotted getting out of the vehicle with a can of beer.
Prosecuting solicitor Sarah Haslam said: “The defendant resides at Gritstone Road, Matlock, and was found sat in a vehicle at Fairholmes three-quarters of a mile from his address.
“Police saw him in the driver’s seat of his vehicle and he got out of the car with a can of beer in his hand and he was uneasy on his feet.
“They asked for the car keys which he produced from his pocket.”
Micallef registered 76 microgrames in 100 millilitres of breath, according to the court, when the legal limit is 35 microgrammes.
He pleaded guilty to being in charge of a vehicle after exceeding the prescribed alcohol limit.
Defence solicitor Rob Sowter said Micallef had not taken the breakdown of a relationship well and he is also suffering with mental health issues.
Mr Sowter explained that kitchen porter Micallef expects to receive a driving ban and is already expecting to have to cycle to work which is five miles from his home.
District Judge Andrew Davison told Micallef: “There is no evidence you drove the vehicle. You are being convicted of being in charge of a vehicle while over the limit.
“The risk is you could have driven away but that didn’t happen.”
District Judge Davison fined Micallef £160 and ordered him to pay a £30 victim surcharge and £85 costs.
Micallef was also disqualified from driving for 16 weeks.