Chichester man spared disqualification for drink-driving due to special reasons as he was rescuing elderly mother with dementia

Nigel Hanmore, 55, of Barnfield Drive, was sentenced at Worthing Magistrates' Court on Wednesday, February 1.

He was given a six-month conditional discharge after admitting drink-driving (63mg of alcohol in 100ml of breath) in Barnfield Drive, Chichester, on October 8, 2022.

Special reasons were given and these were upheld by the court. He must pay £26 surcharge but the magistrates did not find imposing costs appropriate in the unusual circumstances of this case.

The court was told the defendant was going to the assistance of his elderly mother, who was suffering from significant dementia and had gone missing from the house.

She was found in the neighbours’ car in the early hours of the morning by police. The defendant drove his car a very short distance to assist his mother by moving his car next to the neighbour’s car, hoping that would help his mother to recognise his car and get into his vehicle."

The court had regard to the case law in Chatters v Burke and the seven points that need to be considered:

1 How far the vehicle was driven.

2 In what manner was it driven.

3 The state of the vehicle.

4 Whether the driver intended to go further.

5 The road and traffic conditions at the time.

6 Whether there was a possibility of danger by coming into contact with other road users or pedestrians.

7 What the reason was for the car being driven.