A DISQUALIFIED driver took to the road when over the legal limit for alcohol and then gave police a false name.Gary Smith, of Radcliffe Road, Ipswich is starting a jail term today after admitting the offences.

By Matt Eley

A DISQUALIFIED driver took to the road when over the legal limit for alcohol and then gave police a false name.

Gary Smith, of Radcliffe Road, Ipswich is starting a jail term today after admitting the offences.

The 33-year-old was stopped by police after he was spotted driving without wearing a seat belt.

A breath test revealed he measured 66 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35mcgs.

At the police station Smith gave the police his brother's details instead of his own. The court heard he did this in a bid to avoid spending a night in police custody and to continue looking after his cancer stricken father.

At Ipswich Crown Court Kate Stephenson, prosecuting, said Smith was arrested on December 21 and gave the police false details.

She added he was banned from driving in February 1999 for an offence of drink driving.

Roger Harrison, defending, said: "In the pre-sentence report he said what he had done and he doesn't make any excuses for it."

The court heard that Smith moved to Ipswich to live with and care for his father after he was diagnosed with cancer.

He added that Smith believed his period of disqualification from driving had elapsed.

Referring to the charge of perverting the course of justice Mr Harrison said: "He was concerned about his father and there were things he had to do.

"He knew his brother was insured and he believed he would be released that night and not have to spend a night in custody. That was of course a stupid thing to do."

The court heard that Smith contacted the police later to tell them he had given them a false name.

In passing sentence Judge John Devaux said: "What you did by providing false details about yourself is a prevalent offence and people must realise it is not to be taken lightly by the court."

Smith was sentenced to two months custody for perverting the course of justice, one month custody for drink-driving and one month for driving while disqualified. The sentences will run concurrently.

He was also banned from driving for three and a half years and ordered to pay £250 towards prosecution costs and £250 towards the cost of his defence,