A drunk driver who smashed into a motorcyclist and made off as the rider lay injured in the road has been given a “day off” a curfew so he can go to a Jools Holland concert.
Plumber Carl Jane (31) will also be able to spend Christmas Day with his mum after Burnley magistrates varied the curfew.
The justices have allowed Jane to attend the concert when he will also enjoy an overnight stay at a Manchester hotel, in the run-up to the festive period. They also moved the curfew to his mother’s address on Christmas Day.
Jane had applied to the court to amend the curfew, imposed on November 3rd, asking for the day off as he “wishes to attend a concert and also spend Christmas Day with his mother.” He told the Bench the concert had been booked since February.
The chairman Neil Tranmer told him: “We are happy on this occasion to grant both these two. We do not make a habit of giving days off, but as the concert was booked in February and we don’t want to deprive your mother of your presence on Christmas Day.”
The court had earlier been told how Jane, who turned out to be almost three times the legal limit, was arrested after police turned up at his Red Lees Road, Burnley, home and had to force their way in. His badly damaged Toyota Aygo was parked outside minus its bumper and officers found it in his front room.
We are happy on this occasion to grant both these two. We do not make a habit of giving days off, but as the concert was booked in February and we don’t want to deprive your mother of your presence on Christmas DayMagistrate
Motorcyclist Max Endicott (34) suffered a broken wrist in the late-night collision on Burnley Road, Cliviger, on October 16th. Passers-by had alerted the police as Jane drove off.
The defendant, who had never been in trouble before, admitted driving with excess alcohol and failing to stop after an accident. He was given a four month curfew, between 7pm and 5-30am, seven days a week, was banned for 25 months and was ordered to pay £85 costs, a £150 criminal courts charge and a £60 victim surcharge.
Prosecutor Tracy Yates had told the hearing police arrived at the scene at about 11pm and found a motorcycle and rider lying in the road.
A Toyota Aygo had been seen to leave the area, heading towards Todmorden, with significant front end damage. Part of its number plate was in the road and the rest of the plate was found among the debris.
Miss Yates said the full registration number matched an Aygo, the only person named on the insurance was Jane and police went to his home.
The prosecutor continued: “The vehicle was found parked in the street, directly outside and had significant front end damage. The windscreen was smashed and bulging inwards.
“An officer looked through the window into the front room. The curtains were open and the light was on and he saw a bumper in the front room. The bumper was missing from the Toyota parked at the front of the house.”
Miss Yates said police knocked on the door, but got no reply. A neighbour confirmed the house occupant had recently returned home. Further patrols were called, they still got no response even though they shouted several times through the door and it was forced open. The defendant was unsteady on his feet, his eyes were glazed and he was clearly drunk.
The key to the Toyota was found in his trouser pocket. The defendant was taken to to the police station and gave a sample showing 102 micrograms of alcohol in 100 millilitres of breath – the legal limit is 35.
Miss Yates said the defendant was interviewed and made no comment. He had no previous convictions.