Drink-driver caught using phone at the wheel had been taking ‘nuts soaked in alcohol to ease stomach ulcer’

Court news. NNL-170524-154443005
Court news. NNL-170524-154443005

A man who used his mobile phone while driving when he was almost four times over the legal alcohol limit, had been taking a home made concoction of nuts soaked in alcohol to treat pain from his stomach ulcer, a court has heard.

Rafal Musialek, 42, of Carlton Road, admitted both offences when he appeared before magistrates in the town and was given a suspended prison sentence and banned from driving for 32 months.

Prosecuting, Dan Pietryka said that at 4.30pm on June 9, police stopped Musialek when he was driving a Ford Transit van in Norfolk Street, Boston, because he was holding a mobile phone.

He said the officers found he smelt of alcohol and his eyes were glazed so he was given a breath test, which he failed and he was arrested.

He said that at the police station he was found to have a reading of 137 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35.

Mitigating, Daven Naghen said it was an ‘alarmingly high reading’ but there had been no mention of bad driving.

He said Musialek admitted he had drunk quite a lot of alcohol the previous day and had then done a day’s work but said the high reading might have been caused because of his home made remedy to treat pain from a stomach ulcer, in which he ate nuts which had been soaked in alcohol.

After receiving a report from the Probation Service, the magistrates sentenced Musialek to eight weeks imprisonment suspended for two years and banned him from driving for 32 months.

He was also ordered to carry out 250 hours unpaid work for the community and to pay £200 in costs and charges.

He was offered the drink drivers’ rehabilitation course which would reduce the period of his ban by 32 weeks.