Lager driver was over the limit after he was caught with a can in his car

Chesterfield magistrates’ court heard on October 2 how Christopher Tuck, 68, of Deerpark Crescent, at Wingerworth, Chesterfield, was stopped by police on Chatsworth Road, Chesterfield, after they had seen the defendant coming out of a supermarket and believed he was staggering.

Prosecuting solicitor Neil Hollett said: “Police were on a mobile patrol and they saw the defendant’s vehicle coming out of Morrisons car park, at Bobbin Mill Lane, and he was stopped.

“They believed he was under the influence of alcohol because he was staggering and there was a can of Stella Artois in the back of the car.”

Tuck, who has no previous convictions, registered 121 milligrammes of alcohol in 100 millilitres of blood when the legal limit is 80 milligrammes, according to the court.

He pleaded guilty to exceeding the alcohol drink-drive limit after the incident on July 24.

Defence solicitor Julia Jackson said Tuck has been in-and-out of hospitals for quite a few years for cancer check-ups and he had been discharged earlier on the day he was caught drink-driving.

Ms Jackson added that Tuck had gone into Chesterfield to do some shopping with his wife and he had not eaten and drank from a can of Stella Artois that was in the car.

However, Ms Jackson added that Tuck has cellulitis in his feet and claims that this makes him unstable and he had not been staggering because of alcohol.

She said that Tuck is incredibly remorseful and would never have got into the car if he thought he had been over the limit especially with his wife as a passenger.

Magistrates fined Tuck £300 and ordered him to pay £85 costs and a £30 victim surcharge.

He was also disqualified from driving for 12 months.