Sunderland drink driver caught taking a call from his girlfriend while at the wheel of his BMW on New Year’s Day

A Sunderland drink driver caught taking a call from his girlfriend while at the wheel of his BMW on New Year’s Day has been banned from the roads.
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A Sunderland drink driver caught taking a call from his girlfriend while at the wheel of his BMW on New Year’s Day has been banned from the roads.

Kyle Brown, 27, of Fuller Road, Hendon, was spotted holding the device by police, leading to him to be pulled over and breathalysed.

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The booze test showed the joinery firm worker, who had drunk two beers and driven after a row with his partner, was over the limit, South Tyneside Magistrates’ Court heard.

South Tyneside Magistrates Court.South Tyneside Magistrates Court.
South Tyneside Magistrates Court.

And a search at a police station after his arrest revealed he was also in possession of a small stash of prohibited cocaine.

Magistrates sentenced Brown to a 14-month roads’ ban, meaning he will lose his job which requires him to have use of a car.

Prosecutor Greg Flaxen said: “Police were made aware of the defendant by seeing him using his mobile phone while driving.

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“They went to speak to him and on opening his car’s door, they could smell alcohol on his breath. A breath test was clearly failed.

“He was taken to the police station and whilst there he was found to be in possession of cocaine. It was admitted in interview.

“My record shows no previous convictions whatsoever. He was of good character until this point.

“It was just stupidity, it seems. He was using his mobile phone while intoxicated.

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“It’s a disqualification of between 12 and 16 months, aggravated by the fact that he was driving while on his mobile phone.”

Brown pleaded guilty to drink driving, using a mobile phone while driving and possession of cocaine.

He gave a reading of 56mcg of alcohol in 100ml of breath. The legal limit is 35mcg.

Jason Smith, defending, said: “Unfortunately for Kyle, shortly before he was seen by police, he had been at his partner’s address.

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“His partner had got a bit upset by him. He was driving to get away from that.

“She rang him on his mobile phone and he stupidly picked it up just as police were passing in the opposite direction.

“He is the manager of a construction project and will lose his job with a disqualification.

“For picking up his phone in his car, this has accumulated into one horrible incident. It’s one big explosion.”

Brown was also fined £350, with a £140 victim surcharge and £85 court costs.