£1,000 fine for ‘careless’ drink-driving crash

Tuesday 19 October 2021

A woman who crashed her car after drinking and failed to provide a breath sample has been handed 100 hours’ community service, a driving ban and a £1,000 fine.

Elaine Jenkins (39) appeared in the Magistrate's Court before Relief Magistrate David Le Cornu yesterday.

Prosecuting, Advocate Lauren Taylor explained that the crash happened in St. Martin on 26 June last year.

Responding to reports of a "loud bang" from those living in the area, Police arrived at the scene of the crash to find Mrs Jenkins alone in a white Hyundai. She began "shouting a lot at officers" and "talking over them" – something her lawyer, Advocate Luke Sette, said was due to the stress of the situation.

After a roadside breath test indicated she had been drinking, Mrs Jenkins continued to be "verbally abusive" as she was arrested.

Asked to do a blood alcohol content breath test, Advocate Taylor said Mrs Jenkins' efforts were "so low" that the machine didn't register them.

In a later interview she admitted she had been drinking.  She was unable to say how much exactly she had, but estimated it was "only a couple" of pints.

Mrs Jenkins claimed she had lost control of the vehicle while driving due to the weather. Officers noted that the "roads were damp" but that it was not raining at the time of the crash.

Arguing for a financial penalty alone, Advocate Sette emphasised that Mrs Jenkins' careless driving had mainly resulted in damage to her own car and "little to no damage to any other property".

He added that her actions were "uncharacteristic" and that she regretted what happened, going on to state that the shock, her mental health and the injuries she suffered in the crash had together resulted in a lack of "clarity of thought".

Advocate Sette also noted that Mrs Jenkins had tried "multiple times" to provide a breath sample, and that she had come "very close" to providing one.

With Mrs Jenkins having admitted she had been drinking during her Police interview, this "wasn't a case of trying to hide the truth", according to Advocate Sette.

Noting recent health issues, he also suggested that Mrs Jenkins had "already suffered consequences beyond what the court is considering imposing today" as a result of the crash and subsequent court proceedings.

He further argued that Mrs Jenkins had already "keenly reflected on her alcohol consumption", resolving not to consume alcohol anymore and going out of her way to find self-help.

Relief Magistrate David Le Cornu said that he had "read all the papers and listened carefully" to Advocate Sette's address, but said that the failure to provide a breath sample was still "a serious offence."

For this charge, he sentenced her to 100 hours of community service, and disqualified her from driving for two years.

For the charge of careless driving, he gave her a fine of £1,000.