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A38 driver banned after smashing in to roadworks

By Burton Mail  |  Posted: August 04, 2014

By Peter Richardson

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A DRIVER who was more than two-and-a-half times the legal alcohol limit crashed into roadworks on the A38 at Burton, a court heard.

Debris from the crash showered nearby houses and parked cars but driver David Leak and his passenger escaped virtually unharmed.

Police breath-tested Leak, a welder, and a subsequent intoximeter test gave a reading of 90 micrograms of alcohol in 100ml of breath – more than two and a half times the legal limit of 35.

The 23-year-old, who admitted both dangerous driving and drink-driving, was given a nine-month prison sentence suspended for 18 months, banned from the roads for two years and told to do 150 hours' unpaid community work. He was also ordered to pay £540 costs.

Judge Michael Challinor told him: "This was a very dangerous episode of driving. Your passenger and other road users could have been serious injured or even killed.

"I am satisfied you didn't set out that night to drink and drive. It was a combination of circumstances, you are in employment and you feel genuine remorse."

Nick Burn, prosecuting, told Stafford Crown Court that on the night of the crash – April 23 this year – Leak, of Bramley Road, Nottingham, was driving home with a work colleague.

Mr Burn said: "But before they entered the A38 they had been to a pub after work where a significant amount of alcohol was consumed by the defendant."

Another motorist on the northbound carriageway saw Leak's Citroen overtake at a speed in excess of 75mph.

The vehicle swung back into the nearside lane, hit the kerb and swerved back in to the middle of the road. The driver appeared to regain control but the Citroen drifted across the road and hit the central reservation before heading off at an even greater speed.

By this time, the witness was so concerned he called police. He said the Citroen must have slowed down because he caught up with it approaching the roadworks at Burton.

There was then a bang and the Citroen was seen rolling over and over. It ended up in the coned-off outside lane.

Laura Chaplin, defending, said: "Quite clearly, this was an appalling piece of driving.

"He knows he is lucky to be alive and lucky not to be facing a more serious offence. He is extremely ashamed of his behaviour."

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