Over the limit with child in car (From Witney Gazette)

Over the limit with child in car

3:51pm Monday 4th December 2006 in Witney By Matt Wilkinson

A MOTHER who drove her four-year-old daughter home from a nursery school while almost four times over the drink drive limit could face a jail term.

Joy Jones, 44, of West End, Witney, appeared at Banbury Magistrates' Court, after pleading guilty to driving whilst under the influence of alcohol at an earlier hearing.

Prosecuting, Gavin Hernandez, told the court a nursery school owner had smelled alcohol on Mrs Jones' breath, as she picked up her four-year-old daughter in Church Green, Witney, on March 31.

Mr Hernandez told the court the witness had seen Mrs Jones hold her daughter's hand, walk along the road instead of the pavement, then stumble on a kerb, before getting into her car and driving away. She telephoned the police, who arrived at Mrs Jones home, and arrested her on suspicion of drink-driving.

A breath test revealed Mrs Jones had 132mg of alcohol in her breath - almost four times the legal limit.

Mr Hernandez said: "She (nursery school owner) was so worried for the welfare of the child that she telephoned the police.

"She was clearly intoxicated when police arrived at her house."

Defending, Paul Bevan, told the court Mrs Jones had drunk glasses of wine and brandy the night before, because she had been struggling to go to sleep. The following morning, she had had a glass of wine at lunch time, but had drunk at least two more glasses of wine after she had driven her daughter home, and before the breath test.

She had also been getting treatment for depression at the time, he added.

Mr Bevan said: "She was affected by it (the alcohol), but in the police interview did not understand how affected she was."

Chairman of the magistrates', Chris Gold, called for probation reports to be written before sentencing.

He said: "The offence is driving with a very high reading, and I don't need to tell you sentencing guidelines point to custody.

"The facts that we think make the offence very serious is you were in charge of a vehicle and a four-year-old in the vicinity of a nursery school, with lots of other young children running about. So at the best of times you would need your wits about you.

"You also admitted to consuming alcohol at lunchtime, knowing you would be in charge of a car shortly after. It is so serious we cannot rule out custody."

Mrs Jones was granted unconditional bail to reappear at Banbury Magistrates' Court on December 21 for sentencing, once probation reports have been completed. An interim driving ban has been imposed.