Exceptional circumstances have allowed a man to escape a driving ban, despite admitting being almost twice the legal limit.

David Moscrop, 30, of Blake Road, Witham, appeared at Chelmsford Magistrates' Court yesterday, where he admitted driving with excess alcohol.

Denise Holland, prosecuting, said police had been called to Moscrop's partner's address, in Cressing Road, Witham, but when they arrived he was found sitting in his car, a green Renault Laguna.

He appeared to be about to drive off, she said, so one officer leaned into the car and took the car keys. A breath test showed 65mcgs of alcohol. The legal limit is 35mcgs.

Russell Haldane, mitigating, said officers had been called to the address by a neighbour because of an argument between Moscrop, a former drainage engineer, and his partner, who had both been drinking.

"He had taken the decision to leave the house because of the row and at first decided to drive home," he said.

"However, it just so happened that he had realised he should not drive the car at the same time as the police turned up."

Drink-drivers are normally given a 12-month driving ban, but because of the exceptional circumstances and his guilty plea, Moscrop's driving licence was endorsed with ten penalty points and he was fined £200. He was also ordered to pay £43 costs.

Published Friday, October 8, 2004

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