Driver spotted on mobile phone in Boston was over alcohol limit

Josh William Smith of St Mark’s Terrace, admitted driving with excess alcohol when he appeared at Boston Magistrates Court.

Prosecuting, Nick Todd said Smith had apparently been dealt with separately for the offence of using the mobile phone while driving and had been fined £300.

He said the analysis of his breath showed he had 43 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35.

In mitigation, Philippa Chatterton said it had been a ‘miscalculation’ on Smith’s part and he was only just above the limit.

She said he had to work late and had missed dinner but had drunk a couple of pints before driving home from work.

Smith was banned from driving for a year but was offered the drink drivers’ rehabilitation course which will reduce the period of the ban by 13 weeks.

He was also fined £180, which magistrates said reflected the fine he had already received for the other offence, and ordered to pay £30 in charges.