Banned: Four times the limit Shrewsbury man 'had no intention of driving car'

Christopher Palin, aged 38, of Berwick Avenue, was found guilty of being in charge of a vehicle while over the legal alcohol limit after he told Telford Magistrates Court that he had not driven the car but had been waiting in it opposite the town's railway station for his girlfriend and her sister to come out of the Buttermarket nightclub.

Palin, who had been representing himself, also pleaded not guilty to not being covered by third party insurance because he did not have the intention of driving the grey Peugot 207 in Castle Gates at 2.30am on April 16.

Palin was arrested by police and taken to the town's station after giving a breath test reading of 136 microgrammes of alcohol in 100 millilitres of breath, when the limit is 35.

At the police station an hour later, the readings went up and he recorded 152 microgrammes of alcohol in 100 millilitres of breath.

Prosecutor Shahidur Rahman said police officers had described Palin as "struggling to keep his head up", that he had smelt of intoxicants and was "unsteady on his feet" when they asked him to get out of the car. An officer described seeing him "slumped over the steering wheel".

The car had also been parked "at an angle towards the kerb" and on double yellow lines.

Palin told the magistrates that a duty solicitor had told him to plead not guilty to the no insurance charge because he was denying that he had any intention of driving the car.

He told the court that he had drunk two bottles of wine and some vodka before going with his girlfriend into the town. But it wasn't as much as he used to drink when he lived in a rough part of Birmingham, the court was told.

Palin said he had moved into the driver's seat because he did not know where the Buttermarket was and wanted to charge up his phone "because the battery was dead".

He insisted that the engine was on to charge up the phone and that the lights were on because his girlfriend liked them to be on all the time.

"I switched the engine on so I could charge my phone," he said. "I had no intention to drive the vehicle, it would have been driven by my girlfriend when she returned with her sister.

"The lights are always on, they are always switched on day and night. There is method to my girlfriend's madness, it's so she doesn't forget them."

Palin told the court that his girlfriend had not appeared to give evidence on his behalf because she had been suffering with anxiety and had been panicking since his first court appearance in the matter.

He said he didn't know why the car had been parked at an angle on double yellow lines.

When asked directly whether he was telling the truth he said: "I am".

Presiding Justice Carol Scott said that the magistrates found Palin to be a "credible witness" who although he said he had no intention of driving, he was not able to show that there was "no likelihood" of him driving the car.

She said that they found him guilty of the offences.

Probation officers were able to compile a pre-sentence report on Palin's case before he was sentenced.

The report said that since meeting his partner, Palin's life had changed and that she was "his rock" against a decline into heavy drinking. They will be getting married next year, the court was told.

Palin already had seven points on his licence from a previous conviction, the court was told.

Presiding Justice Scott said they were pleased that Palin was changing his life.

As well as handing a six-month driving ban, she ordered Palin to carry out 40 hours of unpaid work in the next 12 months under a community order.

Palin was also ordered to pay a victims surcharge of £114 and prosecution costs of £300 as the case had gone to trial.

As he was discharged from court, Palin said "thank you" as he turned to leave the court with his partner.