AN EVRI delivery driver had ‘forgotten’ he was due to appear before a court for drink-driving after spending time out of the UK.
Emanuel Giscan, 27, who had been in Romania to deal with a ‘family problem’, was convicted of the offence more than four years after it had taken place. He also admitted failing to surrender to custody.
Outlining the case at Workington Magistrates’ Court, Pamela Fee, prosecuting, said the drink-driving offence dated back to May 14, 2021, when police saw a VW Golf driving along a road in Yately at 3am.
The vehicle’s front headlight wasn’t working and it was driving at an excess speed and swerving in the road.
Officers stopped the vehicle and spoke to the defendant. There were six people in the car, which was only suitable to carry five. Police could smell alcohol on Giscan and he was asked to provide a specimen of breath.
The sample was above the limit and the defendant was arrested. He was taken to the police station and provided a sample of 50mcg of alcohol in 100ml of breath. The legal limit to drive is 35mcg.
Claire Kirkpatrick, defending, said Giscan hadn’t believed he was over the limit and thought he was ok to drive. However, he accepted that he committed the offence and a mandatory disqualification would be imposed.
“He has also pleaded guilty to a bail act offence,” Ms Kirkpatrick said. “He had to return to Romania shortly before court because of a family problem that was unexpected.
“He ended up being there for 12 months. When he had got back, he had forgotten about court proceedings.
“He remained in this country until 2023 when there was a problem with his wife’s family. He only came back here a couple of months ago.
“He lives with his wife and two very young children. He is the only earner and unfortunately works for Evri as a delivery driver.
“He is currently up here working and resides at a property in Penrith. They work here for two weeks then go back home again.”
Ms Kirkpatrick asked magistrates to keep the driving disqualification ‘as short as possible’ due to the financial impact it would have on the defendant’s family.
Giscan, of Queen Marie Avenue, Camberley, pleaded guilty to driving a motor vehicle with alcohol level above the limit and failing to surrender to custody.
Magistrates imposed a 12-month driving ban and fined Giscan £120 for the driving offence and £40 for the bail act offence.
The defendant was ordered to pay £85 costs and a £34 victim surcharge.