Motorist with one of highest drink drive readings of the year loses appeal against ten month jail term

How the PSNI reported on the double detection on Facebook.

A MOTORIST with one of the highest drink readings this year who was jailed for ten months and banned from driving for five years has had his appeal against his sentence dismissed.

Mariusz Kucinski (30), of Main Street in Portglenone, was detected driving near his address in a Peugeot 206 on November 5 this year – just a few days after being given a suspended jail term and being banned for four years at a court for another similarly high drink reading.

He had appealed the sentence to the County Court but ‘Ballymena Daily’ can now reveal the the court ordered that the appeal be dismissed and that the conviction and sentence be affirmed.

On October 28 this year he had been in court and admitted driving with excess alcohol in his breath whilst using the same Peugeot car at Ballymacombs Road between Portglenone and Bellaghy, in connection with October 25 this year.

In relation to October 25 he also admitted possession of cannabis; insurance and a driving licence offences as well as having defective tyres.

A PSNI Facebook page had previously made reference to the October case and said the defendant was ‘almost four times the limit’.

Subsequently another case was brought before Ballymena Magistrates Court which heard that on November 5 – this time in Portglenone – the defendant registered 136 micrograms of alcohol per 100 millilitres of breath with the legal limit being 35 micrograms of alcohol per 100 millilitres of breath.

Although the detection was outside the period of the police’s Christmas crackdown the 136 reading is higher than the highest reading recorded – 133 – in the PSNI 2017/18 Christmas/New Year anti-drink campaign.

Last year the highest figure in the Christmas campaign was 153.

Kucinski – originally from Poland – had appeared at Ballymena Court via video link from prison where he has been on remand after being taken into custody on November 5.

He had pleaded guilty to charges of driving with excess alcohol in breath; driving whilst disqualified and being uninsured on November 5.

A prosecutor had told Ballymena Magistrates Court police were on mobile patrol in the Portglenone area when they received a report of a male motorist under the influence and when they spoke to Kucinski he smelt of intoxicating liquor and his eyes were glazed.

He failed a preliminary breath test and when he gave an evidential sample two and a half hours later he had a reading of 136 micrograms of alcohol per 100 millilitres of breath.

It emerged he had been given a five months suspended jail term and was banned from driving for four years at court on October 28.

When interviewed the defendant said he had been drinking throughout the day on November 5 and had been moving the vehicle.

Defence solicitor Sara Edge said Kucinski was moving the car from a car park to another parking place as he was aware the car was uninsured and he wanted to “get it off the road”.

She said her client had shown “very poor judgement”.

District Judge Steven Keown had told Ballymena Court the defendant had received a previous suspended sentence and breached it within eight days of being in court.

He said the “public has to be protected” and said he worried if Kucinski re-offended, crashed and “kills somebody”.

The judge had activated the suspended sentence and added five months for the new offences making a total of ten months in custody and also banned the defendant from driving for five years.

Now the defendant’s appeal against the sentence has been dismissed.

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