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No breaks for drunk drivers

automatically banned from driving for being over the limit.And Senior Magistrate Will Francis reminded licence holders that magistrates can no longer use their discretion when sentencing drunk drivers.

automatically banned from driving for being over the limit.

And Senior Magistrate Will Francis reminded licence holders that magistrates can no longer use their discretion when sentencing drunk drivers.

Although a new law was passed in February which meant a blanket ban from all vehicles was now mandatory, magistrates were still letting defendants keep part of their licence in special cases, unaware that the new ruling had become law.

Self-employed carpenter Michael McGowan and Englishman Richard Hartley, who had only just arrived on the island, were both fined $450 and banned from all vehicles for 12 months.

The court heard how McGowan was stopped on North Shore Road, Devonshire, on the evening of February 28.

Police noticed that he appeared to be drunk and when his breath was tested he was found to be nearly three and a half times over the legal limit.

McGowan pleaded guilty to the offence but when he tried to explain he needed a vehicle for his job, Mr. Francis interrupted.

"I have no discretion not to take you off the road unless there are special reasons,'' he said.

"I have to take you off the roads from all vehicles so you can't start asking me to keep part of your licence -- the law has taken that discretion away from me.'' Richard Hartley, 24, was also banned for 12 months from all vehicles after he pleaded guilty to driving while under the influence of alcohol. He was stopped on Trimingham Road and was found to be more than twice over the limit.