A MUM-OF-TWO, four times over the legal drink-drive limit, took to the road after downing wine and arguing with her partner.
Kerry Green, from Macclesfield, Cheshire, was pulled over just after 1.30am when cops noticed her driving without headlights on and narrowly missing lampposts.
The 39-year-old was so intoxicated in the early hours of January 15, that she could not complete the entire breathalyser process and kicked officers while they tried to search her.
Her defence barrister argued the drinking stemmed from her partner staying out later than planned, and frequently leaving Green alone to care for their children aged 12 and 14.
As reported by Manchester Evening News, Clare Oliver, prosecuting, told South Cheshire Magistrates Court: "Police officers saw a vehicle being driven erratically. There were no lights on and it was swerving to the side of the road.
“It nearly hit a number of items of street furniture.
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"Fortunately, nothing appears to have been hit but the vehicle was stopped.
"There was a strong smell of intoxicants, her eyes were glazed and her speech was slurred."
The former bistro assistant measured 136 on her breath test, which led to her being arrested, cautioned and taken into custody.
“When being searched she lifted her right leg and kicked out at a PC Nanchollis," Ms Oliver continued.
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"The defendant's foot connected with the officer's right shin causing pain and discomfort."
The court was told the defendant claimed to have drunk two and a half glasses of wine before getting behind the wheel.
She maintained she was driving to a friend's house for a catch up.
A second breath test revealed a 152 sample, the court heard.
The prosecutor continued: "She remembered getting angry when being searched but did not remember hitting out.”
Stuart Flood, mitigating on behalf of Green, expressed to the court that his client was incredibly embarrassed about the incident.
He said: "There are no previous matters recorded against her and there is nothing on her driving licence either.
“It is a serious matter. There was a high level of impairment in terms of driving and she was driving without lights in the early hours.
"I think she assumed the lights would come on automatically. Thankfully there were no further incidents."
The defence barrister argued Green had cooperated with the roadside breath test, and any further resistance could have been caused by her asthma.
There was a strong smell of intoxicants, her eyes were glazed and her speech was slurred."
“Being taken to the police station for the first time in your life can be very traumatic," he added.
"I think that was a reaction to being arrested. She got upset and kicked out at the shin and that is something she bitterly regrets.
"She has an awful lot of time alone."
Her solicitor explained to the court that the defendant's partner had been away and his movements on the night of the event may have been a catalyst for Green's actions.
He said: “He had been away but had returned and had gone to watch a football match in Manchester. He went in the morning and came back later.
"She starts to drink in the evening and that has led to an argument between them.
"She felt she had spent very little time with her partner in the last fortnight and did not expect him to be out as long as he was.
“She stupidly got in her car to see a friend, to break away from the tension in the house.
"She had booked a taxi but the taxi did not arrive and she made the extremely grave decision to drive. It was a massive mistake."
A probation report about Green read at the hearing said: “She said she is a social drinker usually on weekends.
"She is remorseful, her partner works and she is the sole carer for the children while he is away."
The report also concluded Green was at low risk of re-offending.
The 39-year-old admitted charges of failing to provide a breath sample and assaulting a PC.
She felt she had spent very little time with her partner in the last fortnight and did not expect him to be out as long as he was.
She has been banned from driving for three years and ordered to wear a 'sobriety tag' for four months.
Green is also required to carry out 200 hours of unpaid work, be made subject to 120 days of the alcohol abstinence monitoring programme, and participate with up to ten days of rehabilitation with the probation service.
She was also ordered to pay £50 in compensation to the PC Nanchollis and made to pay £224 in costs and a victim surcharge.
What is the drink driving limit in the UK?
The drink drive limit differs in the UK depending on which country you're in.
There's one rule for motorists in England, Wales and Northern Ireland and another rule for drivers in Scotland.
The limits for England, Wales and Northern Ireland are:
- 80 milligrammes of alcohol per 100 millilitres of blood
- 35 microgrammes per 100 millilitres of breath
- 107 milligrammes per 100 millilitres of urine
In Scotland, the limits are:
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- 50 milligrammes of alcohol per 100 millilitres of blood
- 22 microgrammes per 100 millilitres of breath
- 67 milligrammes per 100 millilitres of urine
The Scottish rules mean that just one drink could put you over the limit.
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