Last updated at 16:30, Wednesday, 08 August 2012

A CATALOGUE of errors led to a court conviction for a man who fell asleep in his car while attempting to charge his mobile phone.

SORRY: Robin Boulton

Robin Boulton narrowly avoided losing his licence when he appeared at Furness Magistrates’ Court yesterday after the court heard he had not actually driven the vehicle he was found drunk in charge of.

Mrs Lisa Hine, prosecuting, told the court police were called to a car parked in Raleigh Street, Barrow, just before 9am on Sunday July 22, after a passer-by noticed a man asleep in it.

Officers found the engine of the Vauxhall Corsa running and the headlights on, and they had to wake Boulton, who smelt of alcohol.

A breath test showed he was over the legal limit – with 45 microgrammes of alcohol in 100 milliletres of breath – and he was taken to the police station.

Mr Mike Graham, defending, told the court Boulton had been on a Saturday night out in Barrow with his friends.

During the early hours of Sunday morning, the 35-year-old, of Gleaston, bumped into his estranged wife and they had a disagreement.

Boulton then ordered a taxi home, but received a phone call from his wife which ended up lasting 86 minutes, during which he missed his taxi and the battery on his mobile phone died.

The court was shown documents that proved that he had ordered the taxi as claimed and had taken an 86-minute call at the time suggested.

Mr Graham said the pair had not finished their discussion, so Boulton went to his car to recharge his phone, needing to put the keys in the ignition for this to work.

He then fell asleep, and was unaware of what had happened until he was woken by the police.

Mr Graham said: “He hasn’t moved that car at all – his only intention was to charge his mobile phone.

“There was no intention by him to drive anywhere in his vehicle.

“But he accepts that, by having his keys in the ignition, he was in charge of it.

“He is very sorry for getting into that car. Thinking back on it, it’s one of the most foolish decisions he’s made.”

Boulton pleaded guilty to being in charge of a vehicle while above the legal alcohol limit.

He was given 10 points on his licence, after the court heard how he relied on his ability to drive for work.

He was also fined £160 and ordered to pay £85 plus a £15 victim surcharge.

First published at 16:15, Wednesday, 08 August 2012
Published by http://www.nwemail.co.uk