A DRINK driver whose car ended up on its roof in Belbroughton after he swerved to avoid an animal in the road has been banned from driving for two years.
Daniel Smith admitted driving while over the legal limit when he appeared at Kidderminster Magistrates Court on November 6.
The court heard the 29-year-old forklift driver from of Oulton Close, Kidderminster, had been three times over the legal limit when breath tested by police after the accident on Hackmans Gate Lane in the early hours of October 19 this year.
Owen Beale, prosecuting, said: “He had been at a friend’s house drinking when he left at around 5am in the morning.
“He lost control of the vehicle which ended up on its roof on a grass verge. Police arrived and he failed a breath test. He told them that he had swerved to avoid a deer in the road.
“In interview, he said he had consumed two or three cans and two glasses of wine within two hours of him leaving.”
Matthew Ansell, defending, said: “Mr Smith had been at his friend’s house and his girlfriend was there. They got into an argument and he felt the best option for him was to leave the house.
“An animal ran into the road and he swerved to avoid it. Thankfully no one was injured in the accident. He did not run away and he stayed by the vehicle and waited for the police to arrive.
“He made a stupid and foolish decision to get behind the wheel and it is something he is going to regret for some time.”
Mr Ansell said Smith had voluntarily started attending counselling sessions to address his alcohol problem.
Magistrates placed him on a community order, alcohol treatment order and supervision order for six months each.
He was also fined £200 and ordered to pay £85 costs and a £60 victim surcharge - as well as being banned from driving for 25 months.
But he was told the disqualification could be reduced by 25 weeks if he successfully completes an alcohol rehabilitation course.
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