Motorist who overtook police in fog was found to be over the drink-drive limit

Chesterfield magistrates' court.
Chesterfield magistrates' court.

A motorist who overtook a police vehicle in fog was stopped and found to be over the drink-drive limit.

Chesterfield magistrates’ court heard on Tuesday, February 14, how Dane Foster, 48, of Market Street, Clay Cross, overtook the police vehicle on the A615 between Matlock and Wessington while he was on his way to work at Morrisons supermarket at Mansfield.

Prosecuting solicitor John Cooper said: “The defendant was driving a Hyundai car in thick fog from Matlock to Wessington and after a junction at Lickpenny Lane he came across a police vehicle and overtook it and nearly collided with an on-coming vehicle.”

Mr Cooper added that officers stopped Foster a short time later and he failed a roadside breath test and registered 50microgrammes of alcohol in 100millilitres of breath at the police station when the legal limit is 35microgrammes.

Foster pleaded guilty to exceeding the alcohol drink-drive limit after the incident on January 28.

Defence solicitor Kevin Tomlinson said Foster had been travelling to Mansfield where he works as a duty manager for Morrisons and he overtook the police vehicle because he thought it had been safe to do so.

Mr Tomlinson added that Foster cannot recall there being thick fog or that the overtaking manoeuvre had been done at a blind bend.

Foster had been drinking alcohol the night before the incident, according to Mr Tomlinson, but he had to get up at 5am and he was still over the drink-drive limit.

Magistrates fined Foster £730 and ordered him to pay £85 costs and a £73 victim surcharge.

He was also disqualified from driving for 12 months but was offered a 13 week reduction if he completes a drink-drive rehabilitation course.