Ipswich man found asleep while drunk in driver’s seat with car door open is banned

The Drager Alcotest used by Suffolk Constabulary.

The Drager Alcotest used by Suffolk Constabulary.

A driver found asleep in his car with the door open in Ipswich town centre while above the legal alcohol limit has been banned from the road.

Although Shivakanthan Kathirgamathiah, of Upper Orwell Street, Ipswich, only had his licence endorsed with 10 points by the town’s magistrates after admitting being in charge of a vehicle while above the drink-drive limit, he was disqualified as a ‘totter’.

The court heard the 37-year-old already had points on his licence from previous offences and his latest conviction took him over the 12-point threshold.

Although any ban would mean he would lose his job and have an impact on his family, the father-of-two was unable to make an exceptional hardship plea as he had already done so previously to avoid a disqualification.

Kathirgamathiah was found in Elm Street fast asleep in his Jaguar X-Type at around 4.30am on August 26.

Prosecutor Wayne Ablett said a police officer was driving along and saw the Jaguar with its driver’s door open.

Kathirgamathiah was in the driver’s seat and the keys were in the ignition.

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The court heard he was clearly under the influence of alcohol.

A breath test showed he had 51 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35mcgs.

Magistrates were told Kathirgamathiah had gone out and had consumed several drinks, but refrained from driving his car home.

He was sleeping off the effects of alcohol when police found him.

Kathirgamathiah works for a fibre glass company and was employed on the basis of having a driving licence.

He also runs a takeaway restaurant part-time.

The court heard a disqualification would put his livelihood at risk and would have a considerable impact on his family.

However, due to the number of points Kathirgamathiah now has on his licence as a result of his latest offence magistrates banned him from driving for six months.

He was also fined £445 and ordered to pay costs of £85, as well as £33 to the victims’ fund.