A mother of two who was caught driving a drink was spared a road ban after claiming that disqualification had “effects” on her children’s schooling.
39-year-old Nethra Kore was one and a half times the alcohol limit after police stopped her Daewoo Matiz car at 1:30 a.m. on a Sunday morning when she drove home from a friend’s home in a wealthy suburb.
But Mrs. Kore said that she only had a drink before she got behind the wheel of her car and that she was guilty of making a “stupid mistake”.
She claimed that her 41-year-old husband could not go to school because he was on call on a regular basis in his NHS job and was tasked with collecting organ donations from across the UK.
At the Manchester District Court, Ms. Kore. Who lives with her husband in an apartment across from a primary school in Bowdon near Altrincham admitted to driving with excessive alcohol, but her driving license was given ten penalty points.
She was fined £ 200 and paid £ 115.
Nethra Kore with husband Shishir
Despite the judgment, the DVLA was able to revoke her driver’s license because she had only passed her driver’s license exam 18 months before the crime and could be persuaded to take her exam again.
A driver’s license can be canceled if the holder receives six or more points within two years of passing the exam.
The incident occurred on June 23 after traffic officials saw her driving in the dark in the Hale Barns area without her headlights on.
Prosecutor Alan Bakker told the court: “At 13:35 in the morning, officers found the accused in their vehicle. Attention was drawn to the car as it had no headlights. They spoke to the accused and she looked confused while speaking to the officer. They could smell a high in their breath.
“She confirmed that she had been to a friend’s house, had drunk an alcoholic beverage, and had been in a reasonable amount of time between drinking and driving. She felt able to drive, but the policeman was not satisfied and asked to do a roadside test.
“It was cooperative with the policeman and it was positive, if just over the limit. That’s why she was arrested. ”
The court heard that Ms. Kore wasted 55 microgames of alcohol in 100 milliliters of breath. The legal limit is 35mg.
In an unusual legal move, defender John Dye asked JPs to briefly ban her instead of deleting ten points of her license at her own discretion, so that she can drive again after the license expires, instead of having to retake her driving test.
He said: “ Despite the fact that she is in the district court, she is a reasonable person. I just ask you to use your common sense in this case with the children. You are innocent and Mrs. Kore made a stupid mistake.
“It was cooperative with the policeman and it was positive, if just over the limit. That’s why she was arrested ”
“This is an unusual process if you are a driver who would likely get 10 points for your license and keep driving. But Ms. Kore is a new driver – she passed in December 2017 – and 10 points mean that she must lose her driver’s license and retake her exam.
“Unfortunately, she works, but she has two young children, and while her husband is very committed to her, he works for the national organ donation system and is on call. He can get a call anywhere in the country to collect lungs and hearts so he can’t take the kids to school or pick them up – since he’s traveling across the country.
“They are not a family of means. Both have to work and she is currently working too and drops the children at school and goes to work. If it receives 10 points, the DVLA revokes its license and has to apply for a provisional license and then repeat its test.
“Ironically, it would have been better if she had exceeded two or three times the driving limit than if you had to disqualify her. In fact, 66 mg was read on the side of the road, which would have brought them into the disqualification group. “
He added: “This could be the case to use a little common sense and give her a short period of disqualification instead of putting 10 points on the license. 99 out of 100 people would be very happy and they could go on. Under the circumstances, mark the seriousness of the crime with a 28-day ban.
The court heard that Ms. Kore wasted 55 microgames of alcohol in 100 milliliters of breath. The legal limit is 35mg
“ She will take this time as a vacation and that will punish her to a certain extent. And then she can continue to work if she has to look after the children. “
“She was very tearful in court for the first time today and is very concerned about these procedures. Nobody wants to be in court. Her main concern is the impact this will have on children.
But the sentencing chairman of the bank, Dario Cottingham, said: “Of course we listened to what was said, but we have to follow guidelines.
“As for the points, we listened to what Mr Dye said and on that point follow the guidelines again and impose 10 points. This does not necessarily mean that the DVLA will revoke them, nor can they. Restoring a license can be done very quickly in Manchester and I don’t think this will be a problem. “