By Court Reporter 26/03 Updated: 29/03 11:43
A MAN from Stratford who was caught drink-driving for the third time in three years has had his appeal against a prison sentence dismissed.
A judge heard banned driver David Wynn was over twice the legal limit when he was stopped after going out late one evening to buy cigarettes.
The 60-year-old, of Alveston Pastures Farm, Alveston, Stratford, appeared at Warwick Crown Court to appeal against the 16-week prison sentence magistrates had imposed.
As well as jailing Wynn, who had admitted driving with excess alcohol and driving while disqualified, the magistrates also disqualified him for four years.
Prosecutor Alison Scott-Jones said police officers on duty in Birmingham Road late on February 2 saw Wynn’s car go through a red light and then begin to ‘bunny hop,’ so decided to stop it.
When they did so and asked Wynn to get out, he seemed to be drunk, slurring his words and smelling of alcohol.
They gave him a breath test which was positive, so he was arrested.
Wynn told the police he had been out for the evening and had been picked up and dropped off - but had then found himself short of cigarettes, so had gone out to buy some.
Miss Scott-Jones said it was Wynn’s third drink-drive conviction in less than three years.
In April 2009 magistrates fined him £100 and banned him for 12 months, and in March 2011 he was again fined £100 despite being two-and-a-half times the legal limit, and was disqualified for 40 months.
Then on March 14 Wynn, while still subject to that disqualification, clocked up his latest conviction.
Venice James, defending, said Wynn understood the gravity of the offences and described his driving as 'reckless and, quite frankly ridiculous'.
But she asked the judge, sitting with two magistrates, to allow the appeal and consider imposing a community sentence which was recommended in the original pre-sentence report.
Miss James pointed out Wynn and his wife are looking after his daughter’s two young children because she is suffering from post-natal depression.
She suggested because they had not said they were doing so, the magistrates had not given Wynn credit for his guilty pleas – and she argued that if it had to be custody, to should be reduced to take account of his pleas.
But Judge Trevor Faber dismissed the appeal.
He told Wynn there was nothing wrong with the sentence passed and he had been dealt with 'very leniently'.
He said Wynn had show 'blatant disregard' for a disqualification.
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