A MAN was 'deeply upset' to find out he'd been driving whilst more than twice the alcohol limit, a court heard.

Elgadaony Rodrigues D'alva Teixeira Viana, of Victoria Street in Ellesmere, appeared at Wrexham Magistrates Court on Tuesday.

The 38-year-old admitted that on October 22 at Johnstown, he drove a BMW motor vehicle on Wrexham Road after consuming so much alcohol that the proportion of it in his breath exceeded the prescribed limit.

Prosecutor Justin Espie told the court that just after midnight, police on patrol spotted a vehicle they felt was exceeding the speed limit.


They stopped it and found the defendant to be driving.

As officers spoke to him, the vehicle began to move because he'd forgotten to apply the handbrake.

Following a positive roadside sample, Viana gave an evidential reading of 78 microgrammes of alcohol in 100 millilitres of breath, the limit being 35.

Mr Espie said the defendant had a previous like conviction.

Andrew Holliday, defending, said his client was "deeply upset" to discover he'd been over the limit and that it "certainly wasn't his intention."

He explained: "He was at a family meal and may have had some wine.

"He complied with the police procedure and pleads guilty at the earliest opportunity."

Mr Holliday added that his client knew, given his previous conviction for a similar offence, he would be receiving a mandatory driving ban.

District Judge Gwyn Jones handed down a £240 fine, as well as £85 costs and a £96 victim surcharge.

Viana received a three year driving ban.