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
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.