A single mother who had been drinking claimed she had to drive because she feared her children would be kidnapped.

Paula Phillips, 25, admitted having two vodkas on a night out with friends in Colchester on September 15, 2004.

The defendant, who has two children, aged seven and six, was called on her mobile phone at about 2am by the babysitter to say her violent ex-boyfriend was on his way to her house.

"I was shaking and just fearful for my children," she said.

"I thought he was going to take them away and not bring them back. I didn't want them in that situation."

The court was shown records of assaults on Miss Phillips by her ex-boyfriend and heard he also slapped one of her children.

Her Volkswagen Polo car was stopped by police in High Street on the way to her home in St Anne's Road, Colchester, where the babysitter was with her children.

Her breath test gave a positive reading of 50mcgs of alcohol. The legal limit is 35mcgs. She denied drink-driving on the grounds that it was a necessity for her to drive home.

Daniel O'Malley, prosecuting, said Phillips was using her circumstances as an excuse.

He said: "The reasons you put before us are simply to evade the consequences of your driving."

He added she had enough money for a taxi or nightbus and could have told police of the threat to her children when they arrested her.

However, Harwich Magistrates yesterday rejected her claim, found her guilty, fined her £50 and made her pay costs of £150.

After the trial, defence solicitor Dennis Brown said they were considering making an appeal.

Published Friday, February 4, 2005

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