A painter and decorator has been spared jail for keeping what police thought was a small axe in his work coat after officers were tipped off by McDonald's staff who were concerned that he was driving while under the influence of alcohol.
David Woosnam, aged 35, of Brynteg, Bettws Cedewain, appeared at Welshpool Magistrates' Court for sentencing more than five months after a warrant was issued for his arrest for failing to attend a trial in May.
He had been convicted in his absence of possessing a small multi-tool folding pocket knife. He had previously admitted driving while disqualified and without insurance, and two counts of failing to provide a sample to police.
The court heard that Woosnam had driven to the McDonald's drive thru on the outskirts of Welshpool on October 25 last year while disqualified from driving.
Woosnam failed to provide a breath and saliva test at McDonald's after police smelled alcohol on his breath. He was arrested and taken to a police station where he continually failed the test by sucking and not blowing into the tube.
Robert Hanratty, mitigating, told the court that Woosnam had fallen on hard times where drink has on occasions been an issue.
"He cuts a lonely figure," he said. "He is not someone who goes around waving an axe or make an issue.
"He was decorating that day, and he was using it [the blade] to get filler out of cracks and so on. It was in his work coat which was inside a pouch and on the backseat of the car.
"Police thought it was an axe, but it was barely an axe. We’ve had many cases where workmen kept articles in their vehicles or work clothes.
"There is significant mitigation and exceptional circumstances not to impose a statutory period of custody. It is effectively an unfair and destructive approach sending this man to custody at all."
Probation officer Julian Davies said Woosnam told him that he was "being awkward" with police because the same officer had dealt with him a few months earlier.
"He knew he was disqualified and just chanced driving that night with not much thought", Mr Davies said.
"He tells me that the multi tool was used for work, but he should have left it at home, and that he would never use it as a weapon.
"He massively regrets his actions that night and he feels the need to better himself to get back on track."
The magistrates decided to give Woosnam the opportunity to work on his rehabilitation by suspending his six-month prison sentence for 12 months. He must also complete 20 rehabilitation requirement days, 200 hours of unpaid work, pay £620 for trial costs,
and a £154 victim surcharge.
"We wish you well," said Stephen Pembroke, the Chair of the Bench. "We feel you can rehabilitate, and things are coming to a sense of normality for you. Work hard and get these things under wraps and just don’t drive on a public road."
Woosnam is also disqualified for 52 months for failing to provide a breath sample for analysis at the roadside and at the police station.
The chair added: "Quite clearly when the court told you last time you didn’t understand."
https://www.countytimes.co.uk/news/23882330.powys-mcdonalds-staff-called-police-disqualified-driver/
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