Crime
Drink-driver ‘crying out for support’, court hears
A WOMAN described by her solicitor as having ‘reached rock bottom’ has appeared before magistrates after driving through Haverfordwest when she was more than three times over the drink-drive limit.
“This is a lady who’s crying out for support,” said Donna Owen’s solicitor, Mr David James, when she appeared before Haverfordwest magistrates this week.
“My client has had an alcohol problem over a lengthy period of time and is harming herself by her excessive drinking.”
Owen, 39, of Portfield Avenue, Haverfordwest was stopped by officers as she drove her Vauxhall Corsa along the A406 at Johnston just before midnight on May 15.
“Police were aware that she was acting suspiciously as she’d applied her brakes harshly when she realised there was a police car behind her,” explained Crown Prosecutor Abigail Jackson.
“When the officers spoke to her, she appeared to be upset and admitted that she’d been drinking earlier that day.”
Subsequent breathalyser tests revealed that Donna Owen had 124 mcg of alcohol in her system. The legal threshold limit is 35.
Her solicitor, David James, said his client drinks up to two bottles of strong wine, each with an alcohol content of between 14% and 14.5%, on a daily basis. Mr James explained that her drinking stems from a series of abusive relationships as well as being prevented from seeing her young children by her former partner.
“This is causing her to drink every day, and in so many ways, my client has reached rock bottom,” he said. “She is crying out for support.”
Mr James’ mitigation was endorsed by probation officer Julie Norman who had been asked to comment on the case as a result of Donna Owen’s high alcohol reading.
Magistrates were told that Owen was disqualified from driving in 2016 for a previous drink-driving charge; as a result, her sentencing this week crossed the custody threshold.
“She seriously needs support with her alcohol and her emotional welfare issues,” said Ms Norman. “I’m confident that the probation service can assist her and there are some realistic prospects of her rehabilitation.”
Owen was sentenced to a 12 month community order during which she must carry out 20 rehabilitation activity requirement days. These will include working with the Dyfed Drugs and Alcohol Service and any other agency identified by the probation service. She was disqualified from driving for three years.
She was fined £120 and must also pay a £114 court surcharge and £85 costs.
Crime
Hakin man’s appeal delayed again as Crown Court seeks guidance on insurance law
A HAKIN man’s long-running legal battle over road traffic convictions has been delayed again after a judge granted the Crown Prosecution Service more time to review the latest legal guidance on motor insurance law.
Seventy-six-year-old Niall Taylor, of Haven Drive, appeared at Swansea Crown Court on Tuesday (Jan 13) for a mention hearing in his appeal against conviction.
Taylor is challenging findings that he drove without a valid licence and without insurance.
The case has already followed an unusual procedural route. Taylor initially pleaded not guilty before changing his plea part-way through the original magistrates’ court trial. That later raised questions over whether the plea had been “equivocal”, prompting the court to reopen proceedings under Section 142 of the Magistrates’ Courts Act 1980.
A full rehearing was ordered, during which Taylor again entered not guilty pleas. Following a trial of the facts, magistrates found him guilty and sentenced him on Wednesday (Dec 3).
He has since lodged an appeal.
CPS given 28 days
During Tuesday’s hearing, His Honour Judge Walters granted counsel for the Crown Prosecution Service 28 days to review Wilkinson’s Road Traffic Offences (32nd Edition), the leading legal reference text used by courts and practitioners in road traffic cases.
The judge indicated that the legal position surrounding insurance cover may still require closer examination.
Addressing the court, Judge Walters said: “The court still might want to reconsider the sentence even if the insurance company is right. It does look as if different insurance companies do things in different ways.”
He added: “It is not in fact void, but it is voidable.”
Ongoing dispute
Taylor maintains that although there were administrative issues with his driving licence, a valid insurance policy was in force at the time and that, under retained European motor insurance law, third-party cover cannot simply be voided.
He argues that the matter amounts to a technical breach rather than deliberate offending.
Next hearing
The appeal is now scheduled to return to Swansea Crown Court on March 27, when further legal argument is expected.
Crime
Pembroke Dock woman admits breaching community order
Magistrates revoke sentence after missed appointments
A PEMBROKE DOCK woman has admitted breaching the terms of a community order.
Shannon Charge, aged 30, of Pater Court, appeared before Haverfordwest Magistrates’ Court on Monday (Feb 2).
She admitted failing to attend a scheduled probation appointment and a drug dependency appointment.
Magistrates revoked the existing community order and ordered her to pay £60 in court costs.
The court heard the order related to earlier offences, for which she had been made subject to rehabilitation and drug treatment requirements. A further review hearing is listed for March 2.
Crime
Milford Haven man given extra unpaid work after breaching court order
Magistrates add hours after missed appointments
A MILFORD HAVEN man has been ordered to complete extra unpaid work after breaching the terms of a community order.
Peter Jones, aged 33, of Precelly Place, appeared before Haverfordwest Magistrates’ Court on Monday (Feb 2).
He admitted failing to attend scheduled unpaid work and a probation appointment earlier this month.
Magistrates varied the order, imposing an additional 10 hours of unpaid work. Jones was also ordered to pay £60 in court costs.
The court heard the original community order followed an earlier conviction.
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