Sutton drink driver was fleeing violent assault over driveway argument

A Sutton man was caught drink driving as he fled a violent assault sparked by substandard work on his driveway, magistrates have heard.

Thursday, 29th April 2021, 1:18 pm

Witnesses watched as Andrew Payne was knocked unconscious, kicked to the face and head, and stamped on at around 5.50pm on January 17, said prosecutor Sanjay Jerath.

"He stood up, disorientated, and drove away," he said.

When his Ford transit van was pulled over by police on Westbourne Lane, Payne told officers: "We had a fight. It's all over now."

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Andrew Payne was sentenced for drink-driving when he appeared before Mansfield Magistrates' Court.

When his assailant arrived on the scene, Payne said: "Why is he getting away with it? He's p***** up."

A test revealed he had 200 mls of alcohol in one litre of blood, when the legal limit is 80 mls.

The court heard he has four previous convictions, but none for drink driving. He was unable to be breathalysed at hospital because of the injuries to his face.

David Swingler, mitigating, said: "This is an incredibly sad set of circumstances that see Mr Payne before you."

He explained that his partner ‘was on to him’ that morning about £3,000 of work on his driveway that was ‘awful’, and Payne had tried to obtain a small refund.

He had a drink after work and his son arranged to collect him, but Payne met one of the men who laid his driveway and a ‘verbal argument turned physical’.

"He was clearly dazed and wanted to get away," Mr Swingler said. "He drove less than half a mile. He had a clean licence at the time."

He read references from his employers, for whom he finishes off large scale renovation projects, who confirmed they would hire a driver so Payne can keep his job.

Payne, 48, of Bonser Gardens, Sutton, admitted drink driving when he appeared at Mansfield Magistrates Court, on Thursday.

Magistrates told him they would step outside of their guidelines because otherwise he ‘was looking at a 22-month ban’.

He was banned for 12 months, but he will receive a three-month reduction if he completes a drink-drive rehabilitation course by November 28.

He was fined £650, with a £65 surcharge and £85 costs.

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