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Drink driver's third offence

Burnley Magistrates' Court
Burnley Magistrates' Court
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A drink-driver almost three times the limit has been ordered off the road for 26 months for his third excess alcohol-related offence.

Rimantas Vystartas was caught after being involved in a crash at 5-15pm. He claimed he had had a bottle of vodka after the collision, but the other driver told police he had not had anything to drink, Burnley magistrates heard.

Vystartas (48) who is Lithuanian, blew 101 microgrammes of alcohol in 100 millilitres of breath at the police station. The legal limit is 35.

The defendant, of Victoria Street, Nelson, admitted driving with excess alcohol on Colne Road, Brierfield, on November 18th. He was given a three-month curfew, between 9pm and 8am, every day of the week and must pay £85 costs and an £85 victim surcharge.

Mrs Tracy Yates (prosecuting) said police were called to a two-car collision. The defendant gave a sample showing 117 microgrammes of alcohol at the roadside. He was arrested and taken to the police station.

The court was told that in April 2013, Vystartas was convicted of being in charge of a vehicle with excess alcohol and had been given 10 points on his licence. In August last year, he was banned for a year for failing to provide a specimen.

Miss Laura Heywood (defending) said the previous convictions were in charge offences, when he was sleeping in his vehicle. It was not a case where the three year mandatory ban (for a second drink- drive offence in 10 years), would apply.