Drunk driver five times the limit is spared jail

A drunk driver who was caught by police five times the legal limit after travelling to a chip shop has avoided an immediate jail term.

Justin Eberle was given an 18-week suspended sentence for drink driving 500 yards from the chip shop on Valley Road in Cradley Heath to his home on Haden Park Road on July 7.

A member of the public reported the 46-year-old's registration details to police and described him as "totally drunk", struggling to get out of his car before entering the chip shop and being unsteady on his feet, Sandwell Magistrates Court heard yesterday.

Officers traced Eberle back to his home, where he told police he had only drunk two-and-a-half pints. But when he was breathalysed the officer described the reading as "the highest he had ever seen" at a level of 167 microgrammes in 100 millilitres of breath.The legal limit is 35mg.

Mrs Rachael Smith, prosecuting, said: "There was a report from the member of the public from the Valley Road chip shop saying the defendant was totally drunk.

"Officers traced the registration details and went to his home. When they interviewed him he said he went to fetch chips for his children and had only drunk two-and-a-half pints."

Mr Charles Mcnamara, defending, said: "He had an alcohol-related problem and there was no immediate danger to anyone else."

Magistrates gave Eberle an 18-week suspended sentence, with supervision for 12 months, and ordered the defendant to complete a drink drivers' programme. He was disqualified from driving for four years, had his licence endorsed and was ordered to pay £85 court costs. He pleaded guilty at an earlier hearing.