Drink-driver too ashamed to appear in court

An insurance director who crashed his car in the early hours while twice the drink-drive limit was ashamed to appear in court, magistrates heard.

Friday, 30th March 2018, 1:01 pm
Burnley Magistrates' Court

The Burnley Bench was told how 40-year-old Marc Kirker had got behind the wheel after he phoned a taxi and it didn't turn up.

He blew 70 microgrammes of alcohol in 100 millilitres of breath when he was tested at the police station. The legal limit is 35.

Kirker's actions were said by his solicitor to be "totally out of character". He has no previous convictions.

Mr Andrew Robinson, prosecuting, told the hearing a member of the public contacted police about the accident. The defendant had crashed at the side of the road. He remained at the scene and and was taken to hospital and then custody.

Mr Nick Cassidy, defending, said Kirker had never troubled the courts before and had a clean driving licence.

The solicitor continued: "To say he is ashamed to appear before the court is an understatement. This case has caused him real anxiety."

Mr Cassidy said the defendant and his partner, who was a passenger in the car, had been with friends in Barrowford and intended to leave the car. He fell asleep for a couple of hours, but didn't want to make the mistake of driving so telephoned a taxi. It simply didn't come. Kirker then made the foolish mistake of driving a short distance.

The solicitor went on: "He fully complied when the police attended. It's a surprise to me this defendant is in court. His colleagues describe him as hard-working, a gentleman and say this is totally out of character. He is a man of impeccable character."

The defendant, of Every Street, Nelson, admitted driving a Peugeot with excess alcohol in Barrowford Road, Colne, on March 10th.

Kirker was fined £390, with a £39 victim surcharge and £85 costs. He was banned for 17 months.