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Ipswich father-of-four Tomas Musteikis was more than three times the limit when caught drink-driving for second time

06:00 01 November 2014

Breathalyser

Breathalyser

A motorist caught drink-driving for the second time while more than three times the alcohol limit has been spared jail.

Father-of-four Tomas Musteikis, of Sirdar Road, Ipswich, has been disqualified from driving for 48 months after admitting driving a motor vehicle while above the alcohol limit.

Ipswich magistrates heard the 35-year-old was caught while driving a white Fiat Ducato van on October 8.

Prosecutor Sandra Dyer said the vehicle was seen travelling along Norwich Road at a slow speed.

Police stopped the van and could smell alcohol on Musteikis who was driving.

The court heard he told an officer he had consumed five pints.

A roadside breath test proved positive and Musteikis was arrested.

A subsequent test showed he had 115 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35mcgs.

Magistrates were told he had a previous conviction for drink-driving and driving while disqualified, and had also been given suspended jail sentences in 2011 and 2012. In addition Musteikis had a record for non-compliance with court orders.

Musteikis had claimed he had been unable to carry out unpaid work in the past due to a bad back as a result of a car crash in 2010.

Larissa Hutson, representing Musteikis, said: “He’s left his family in an invidious position.”

The court heard Musteikis - who listened to proceedings through a Lithuanian interpreter - is due to start work on Monday at the Royal Mail in Colchester working on a parcel conveyor belt.

Magistrates were told if he was to be jailed his wife would have to give up work to look after their children.

Mrs Hutson said: “He knows he’s the author of his own misfortune, but unfortunately it’s the consequences others have to bear as a consequence of it. In those circumstances I would ask you not to send him to prison.”

Along with his ban magistrates sentenced Musteikis to eight weeks’ imprisonment, suspended for 12 months.

He must also pay £80 to the victims’ fund and £85 towards prosecution costs.

7 comments

  • I posted my original comment on here Saturday morning. Just had a rejection E-mail on grounds of "other". Must have been a lot of comments for the moderator to flog through if it has taken this long to get to mine ?

    Report this comment

    The original Victor Meldrew

    Tuesday, November 4, 2014

  • Maybe they only do a few hours a week, must interfere with their benefits, we will get the rejections tomorrow, then look out.

    Report this comment

    pukkatrukka

    Sunday, November 2, 2014

  • This lenient punishment beggars belief. How is he going to get to Colchester??

    Report this comment

    Barnacle

    Saturday, November 1, 2014

  • Should be a mandatory prison sentence second time, no fines no bans, 5 years. I am disabled due to a selfish irresponsible drink driver, courts should hit them hard, not pussy foot with them.

    Report this comment

    pukkatrukka

    Saturday, November 1, 2014

  • Lets all wait until he kills someone...even then he probably won't be jailed or deported...they way people hide behind their children is cowardly.

    Report this comment

    Chris Ward

    Saturday, November 1, 2014

  • Really.....clearly had intent to drink drive having consumed 5 pints, previous convictions for drink driving and driving whilst disqualified and admits to not complying with court orders. So we ban him again. He's got to get to work in a town 20 miles away on Monday, lets just hope he doesn't hit someone especially a small child on the way

    Report this comment

    Babyblue

    Saturday, November 1, 2014

  • So next time he is caught four times over the limit and has killed someone innocent perhaps the judge may re think what sentence should have been handed out - he can afford to buy plenty of alcohol and speak english when needed ! Not good enough - we are way too soft !

    Report this comment

    Sandie

    Saturday, November 1, 2014

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