A BUILDER was caught in charge of a works van while over the limit in the early hours of the morning, a court has heard.

Oliver Porter admitted one count of being in charge of a vehicle while over the alcohol limit when he appeared before magistrates in Hereford in October.

Police were called to Wellington Lane, near Wellington, at 3.30am on September 14, prosecutor Mark Hambling said.

A white Citroen Berlingo van belonging to Porter's employer was parked in the lane, while Porter, who the court heard had been in an argument with his girlfriend, was found some way from the van.

Porter, who has no previous convictions and who admitted being in charge of the vehicle, was asked to provide a breath sample and arrested after failing the roadside test.

An evidential breath test in custody revealed he had 43 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35.


Emma Thorne, for Porter, said the 22-year-old was very disappointed to find himself in court.

"He fully accepted the charge at the police station and made a full admission in interview," Mrs Thorne said.

"It was a works van and he relies on his licence entirely. He works full time as a builder and he needs that van for work purposes. He understands the court will impose a minimum of 10 points today and he accepts those are the consequences of his actions."

Porter, who is of Parsonage Fields, Wellington, was fined £150 and received 10 penalty points. He must also pay costs of £135 and a £60 victim surcharge.

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