A DAD-TO-BE was caught drink driving after celebrating the news he was expecting his first child, causing him to be recalled to prison.
Shane Simmonds had been celebrating “with a few drinks” with his armed forces partner, who is serving in Salisbury, in December last year when he realised he had to return home in Dudley because of his prison licence conditions for an aggravated burglary offence.
He was spotted by officers swerving across the central white line on the A345 approaching Marlborough in his black Peugeot 206, and then made off when police tried to stop him.
Magistrates ordered him to pay a total of £932 and banned him from driving for three years.
Swindon Magistrates’ Court heard on Wednesday (February 2) that Simmonds, of Bryce Road in Pensnet, Dudley, had travelled to the Salisbury area on December 20 last year to celebrate having found out that his partner was expecting their first child.
However, travelling back along the A345 near Marlborough at around 11pm, police officers spotted him swerving across the road, including on a bend, according to prosecutor James Burnham.
“Police decided to stop the vehicle because they believed he was under the influence of alcohol,” he added.
But when the blue lights and sirens were illuminated on Granham Hill, Simmonds failed to do so.
“He fluctuated between ordinary speeds and then slowed down as if he was going to stop but didn’t.”
As the 30-year-old reached London Road, he pulled over but ran off bare-footed.
“He ran off down The Parade, scaled a small wall and the officers lost sight of him. Police located a phone and were able to make enquiries, and were able to identify the driver.”
He was arrested at around 12.45am, where a test at the police station revealed 49 micrograms of alcohol per 100 millilitres of breath – more than the legal limit of 35.
Mr Burnham added: “When given the opportunity to say what had happened, he said it was stupid and I’m sure the Crown will agree with that.
“Thankfully nobody was injured in the driving incident. Whatever attempts he might have made to avoid justice, the police were able to catch him and he was co-operative from there on.”
Mitigating, Tony Novogrodski said that after the celebrations, the defendant “remembered” he was on prison licence with a condition to reside at his Dudley address.
“He decided he didn’t want to break his licence and attracted the attention of the police,” he continued. “I suspect the mere presence of the police was enough to put the wind up the defendant, and there was some silly driving.
“He should have just stopped, but he made the matter worse.”
The plasterer was recalled to prison for 28 days for committing these offences having previously been jailed for aggravated burglary in 2014.
He also had been serving a suspended sentence for harassment, having threatened to kill his ex-girlfriend, bag her and burn her house down, BirminghamLive reported.
But magistrates decided not to activate the six week suspended sentence, saying it would be “unjust”.
Moving away from the automatic assumption the suspended sentence should be activated, Jane Flew, chairman of the bench, said: “This is a completely dissimilar matter, it was an error of judgement and you are already serving a breach of licence.”
Simmonds was fined £400 for drink driving, £270 for failing to stop and £100 for breaching the suspended sentence order.
He was also ordered to pay £85 in costs and a £77 victim surcharge, and was banned from driving for three years.
The suspended sentence will continue.
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