Motorist caught over the alcohol limit while parked is spared from a ban

Sheffield Magistrates’ Court heard on July 28 how Rawesht Mustafa, aged 24, of Cottenham Road, Eastwood, Rotherham, was found by police on Cottenham Road in a parked Vauxhall Corsa and he failed an alcohol-breath test.

Robert Coyne, prosecuting, said police had originally seen a Corsa driving on Middle Lane, Rotherham, but they lost sight of this vehicle but later came across it parked on Cottenham Road with a passenger on March 14.

Mr Coyne added: “The defendant told police he had consumed some alcohol and as such he was subjected to a roadside breath test.”

Mustafa, who has no prevous convictions, failed the test, according to Mr Coyne, and later registered 56 microgrammes of alcohol in 100 millilitres of breath when the limit is 35 microgrammes.

However, Mr Coyne explained police could not identify the driver when they had first seen the Corsa so Mustafa pleaded guilty to being in charge of a vehicle having exceeded the alcohol limit instead of drink-driving.

Zawar Shah, defending, said Mustafa is from Iraq and has been in the UK since 2016 and he is married and he has made an application for asylum.

Mr Shah added Mustafa is a vehicle technician but he depends on his wife’s benefits because he is not working and he is not receiving welfare.

Magistrates fined Mustafa £40 and he must pay £85 costs and a £34 victim surcharge. His driving licence was endorsed with ten penalty points so he avoided a disqualification by two points.