14 February 2015
Drink-driver from Derby accused police of hiring 'wrong interpreter'
A boozy driver accused police of hiring "the wrong interpreter" after he crashed and staggered around a Derby street, magistrates heard.
Care worker Jose Eaden failed to give a breath test after being arrested over the accident at the junction of Burton Road and Horwood Avenue on December 6.
Lynne Manning, prosecuting, told the court: "The officer described him as not really listening to what was being said and appeared to be having difficulty understanding.
"He was arrested for refusing to provide a sample for analysis. He later stated the wrong interpreter was being used and did not understand what was happening."
An 18-month driving ban was imposed on Eaden of Westleigh Avenue, Derby. He was initially charged with failing to provide a breath sample but this was replaced with the offence of driving while unfit through drink, which he admitted.
An interpreter in Malayamam – a language of Southern India – helped Eaden, 40, during the hearing at Southern Derbyshire Magistrates' Court. Eaden was fined £320 with £85 prosecution costs and a £32 government surcharge.
A probation report said Eaden did not fully understand the instructions at the police station "because the interpreter used words not in the correct dialect".
Keerat Bains, mitigating, told the magistrates: "Although the wrong interpreter was available at the police station, Mr Eaden stated that he clearly understood what the requirements were. He simply wanted to plead guilty and take full responsibility."
He added: "His whole family is suffering because he is the only driver. He takes his children to school by taxi and walks back home. He wishes to apologise for the distress he has caused and is deeply remorseful."
The court heard that the incident happened at 9.15pm when a doctor was in his car in Horwood Avenue and was waiting to turn onto Burton Road. Eaden turned into the avenue and struck the waiting car.
The doctor got out to speak to Eaden, who was "swaying and staggering from side to side". Miss Manning told the court: "His eyes were glazed and blurry and he was mumbling. The doctor realised he was very drunk. He told him he was drunk and was not allowed to drive and contacted the police.
"Whilst waiting, the defendant said he had been to a party. Police spoke to him and described him as extremely intoxicated. He was crying and wailing."
Eaden told a probation officer that he had four pints of lager at a party and did not intend to drive home. But he worried about leaving his car on the street overnight and decided to drive it to the car park at the church hall, which was nearby.
The court heard that Eaden had never been in trouble with the police before.