High-profile Wolverhampton estate agent Nicholas Berriman in drink-driving ban

Wealthy Nicholas Berriman, 42, of Patshull Hall Mews, Burnhill Green near Pattingham, pleaded guilty to one charge of drink-driving after being found almost three times above the legal alcohol limit.

Prosecuting at Aberystwyth Magistrates Court, Helen Tench said that at around 4pm on April 1, Berriman's daughter had phoned the police, and told them that she was in a car at Ynyslas in mid Wales with her father, who was asleep and could not be woken.

The police and ambulance service attended, only to find Berriman driving his Range Rover away from the scene.

The officers described his driving as 'erratic' and after he overtook a couple of vehicles he was stopped. At this point his daughter, who was in the passenger seat, was described as 'scared' and in tears.

Berriman, a partner in estate agents Berriman Eaton who makes £200,000-a-year according to papers shown in court, was initially 'hostile and uncooperative' and refused to give officers his keys.

However, he eventually consented to a roadside breath test, which gave a positive reading.

A sample taken at Aberystwyth Police Station showed 95mcg of alcohol in 100ml of breath – almost three times the legal limit of 35mcg.

The court heard that Berriman, a former student at Wolverhampton Grammar School, was 'very sorry' for what he had done, and recognised that his actions had endangered himself and others.

His barrister, James Dunstan, pointed out that although Berriman's driving was described as erratic, no extra charges relating to this had been brought.

Explaining his behaviour after he was stopped, Mr Dunstan said that his client had been 'shocked'.

Mr Dunstan said that Berriman had been on holiday with his daughter at a caravan he owned in Borth, to celebrate her 10th birthday. On the day in question, he had given her a mobile phone as a birthday present, and promised to take her for fish and chips at the beach.

However, at lunchtime, he made the 'stupid decision' to drink around four glasses of wine. Mr Dunstan conceded that they 'must have been large glasses'. Later that afternoon, he remembered his promise, and drove to Ynyslas.

After arriving there, he fell asleep in the car.When his daughter could not wake him, she phoned her mother, who advised phoning the police.

Mr Dunstan pointed out that Berriman was aware that he had 'ruined his daughter's birthday'.

In terms of disqualification, Mr Dunstan said that the impact of a ban would be 'massive' for Berriman, and his firm would run the risk of being placed in 'some form of jeopardy'.

"This is not a normal case as far as impact is concerned," he added.

Mr Dunstan also claimed that his client's earnings form, which showed he made a £200,000 profit from Berriman Eaton in the last tax year, was not indicative, and he expected to earn a lower figure, in the £150,000-175,000 range this year.

A report from the probation service said that Berriman admitted he had 'given little thought' to driving after consuming the wine, but said that if he had thought about it he would not have done so.

He admitted he had 'been an idiot.'

Representing the probation service, Julian Davies said that Berriman was involved in a number of charitable enterprises, and had been a partner in an estate agent business since 2006.

Mr Davies said that due to Berriman's low risk of reoffending and lack of serious alcohol issues, he would be best-suited to unpaid work.

Mr Dunstan warned that unpaid work could adversely affect Berriman's business, due to the threat to his public image, and said that a financial penalty would be preferable. He added that Berriman already did charitable work, and would be forced to step down from the Round Table because he was unable to travel to meetings. Magistrates decided that due to a number of aggravating circumstances, the offence was serious enough to merit a community order.

Berriman was given 80 hours of unpaid work and banned from driving for 24 months. He was also ordered to pay costs of £85 and a victim surcharge of £60.

Berriman Eaton is run by Berriman alongside Caroline Eaton following a merger between David Berriman Estate Agents, founded by Berriman's father and Eaton Estates in 2006.

The firm has three offices which are in Tettenhall, Bridgnorth and Wombourne. A fourth office at Shifnal opened in 2007 but closed a year later amid uncertainty in the housing market.