A Worksop stroke victim who was caught drink driving for the fifth time was also banned because he thought his disqualification was over, a court heard.
A tip-off led police to stop Thomas Kirk’s Vauxhall Astra, on Lowtown Street, on May 9, where a breath test revealed he had 43 microgrammes of alcohol, in 100 millilitres of breath, when the legal limit is 35 microgrammes.
“In interview with police he said he thought his ban had finished and he was OK to drive,” said Robert Carr, prosecuting.
“He said he had suffered some memory loss since having a stroke.
“He was last before the court in July 2016 for drink driving - the fourth of four similar offences, making this one the fifth.”
Thomas Kirk, 50, of Chesterton Drive, admitted driving with excess alcohol, while disqualified and without insurance, when he appeared at Mansfield Magistrates Court, on Thursday.
Debra Bell, mitigating, said Kirk had suffered three strokes, the most recent, six months ago, had affected his mobility and general health, and he also suffered from angina, stress and anxiety.
He had been on his way to visit his carer after drinking three cans of Foster’s lager, which left him feeling “unaffected.”
“He didn’t think he was still disqualified. He thought it was a 12 month ban,” she said.
“He was told that he could apply to the DVLA towards the end of the ban which is what he has done.
“He just assumed that he was OK to drive. It’s not a mistake that he will make again.”
Miss Bell added that Kirk had paid online for insurance, but this only covered his carer.
“It is things that he should have checked, that he didn’t check,” she added. “He is going to pay dearly. He is very concerned that he will be sent to custody.
“On top of that, following his last stroke, his relationship broke down because she simply couldn’t deal with the issues that had developed,” said Miss Bell.
“He is now living with his mother.”
Kirk was told to get help with paperwork in future, by magistrates.
He was banned from driving again, for 40 months and was fined £162, with a £115 victim surcharge with £85 court costs.
He was sent to prison for a total of four months, suspended for 12 months.