M6 van driver in collision on M6 near to Carlisle was drink driving

At the time of the incident on June 15, 55-year-old Simon Kelly was just over three times the permitted alcohol limit. Appearing before Carlisle's Rickergate court, he admitted drink driving as well as failing to stop at the scene of an accident. Prosecutor Diane Jackson outlined the facts.

She said the offending came to light after police were alerted to the accident which the defendant caused on the motorway as he drove his Renault van northwards. The driver of the other car told police what happened. He recalled looking into his rear view mirror and seeing the defendant's van travelling "at speed" as it pulled into the lane he was driving in.

The van then "rear-ended" his vehicle. "It appeared to ram into the back of my vehicle," said the driver. "It jolted my car forwards." The man had then pulled over so that the two drivers could exchange their details, but Kelly's van had driven away. He made no effort to stop.

As a result of the incident, the Renault's details were circulated by the police and the defendant was subsequently found on the M74 after it was spotted at Gretna Services. A breath test confirmed the defendant had 108 mcg of alcohol in every 100mls of breath. The legal limit for driving is 35mcg.

The court heard that Kelly had been to visit his daughter for Father's Day and had enjoyed his last drink at 8pm the previous day. He had left his home at 8am that day and did not feel under the influence of alcohol, he said. A probation officer who spoke to him told the court that Kelly said he would not have driven had he known he had it in his system.

He accepted that from an early age he had drank wine with meals. He accepted that this had become problematic and had been told he has suffered liver damage. He had contacted a local alcohol service as he now wants to become abstinent but medically had been advised not to do it immediately.

David Wales, defending, said the defendant - appearing in court on his 30th wedding anniversary - had never been before a court before and he acted as a carer for both his parents and his wife, who suffers osteoarthritis. "His guilty pleas reflect genuine remorse," added the lawyer. Magistrates imposed a community order with 200 hours of unpaid work and a 26 month ban.

Kelly, of Thompson's Field, Fenny Compton, Southam, Warwickshire, must pay GBP85 costs and a GBP114 victim surcharge.

The defendant was offered the drink driver rehabilitation course, which if completed by a deadline will reduce his ban by 26 weeks.