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Tuesday, 14th October 2008

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Brothers appear in court over drink drive case



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Published Date: 24 March 2008
Two brothers have had extra hours of unpaid work added to their community order after committing a series of offences.
Daniel Clarke, 18, of Dacre Road, Herstmonceux, and Toby Clarke, 21, of the same address, got into trouble with the law after police believed one of the brothers to driving while over the limit.

Eastbourne magistrates heard how police had received
a report in the early hours of December 1 that members of staff at Somerfield Petrol Station at Cophall roundabout had suspected a motorist there to be a drink driver.

Officers attended an address in Herstmonceux and minutes later they saw a vehicle pull up.

Two men then got out and began running away from the scene.

Police lost sight of the pair but later on both Clarke brothers were seen again and arrested.

Both resisted the police officers and swore at them.

A reading on the older brother showed that he had 70mcg of alcohol in 100ml of breath. The legal limit is 35mcg.

He told officers he had consumed two cans of Stella earlier that day and a vodka and coke, but had another can of lager after he had got out of the vehicle in Herstmonceux.

A count back procedure was then conducted and Clarke was told if this was the case, his reading before his last can of lager would have been 53mcg.

Both defendants pleaded guilty to two breaches of the requirements of a community order and resisting a police officer.

Daniel Clarke also pleaded guilty to breaching an antisocial behaviour order and Toby Clarke pleaded guilty to driving/attempting to drive a motor vehicle with excess alcohol.

The court how the pair were doing well on their current community orders.

David Battaliou, defending, said, "I ask you to give both Toby and Daniel maximum credit for guilty pleas.

"This case is really is to do with a drink driving case.

"The officer arrested Toby Clarke and took hold of him by the belt to his trousers.

"Unfortunately for Toby, the officer's thumb was inside part of his trousers and he felt the thumb was too close for his comfort to his rear.

"As a result he made comments and reacted.

"Daniel Clarke has pleaded guilty to resisting arrest and breaching an ASBO.

"He said he ran away from the police because he was scared.

"Herstmonceux is a small village and they are an unpopular family.

"These are hard working young men, who are quite happy to go to their course.

"Toby Clarke is supported by his pregnant partner at the back of court.

"I would suggest it's not the most serious matters this court has dealt with."

Daniel Clarke received an extra 50 hours of unpaid work on his community order and must pay £30 costs.

Toby Clarke received 60 further hours of unpaid work and was banned from driving for three years. His disqualification will be reduced by nine months if he completes a drink drive rehabilitation course.

He was also ordered to pay £30 costs.





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  • Last Updated: 20 March 2008 5:40 PM
  • Source: n/a
  • Location: Eastbourne
 
 
  

 
 


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