A MOTORIST who was caught drink-driving for the second time – and this time while disqualified – has been banned for four years.
But magistrates in Huddersfield spared drink-driver Daniel Spencer, 29, from prison yesterday after hearing he was an alcoholic and could lose his home if he went to jail.
Spencer, of Peridot Fold, Fartown, was spotted by police driving a Seat Ibiza along Bradford Road on May 30 this year.
A breath test revealed he was double the drink-drive limit.
The court heard he was disqualified from driving at the time for committing the same offence in November 2011.
He was issued a suspended sentence by Leeds Crown Court that time.
Yesterday magistrates considered all options for sentencing before hearing from the probation service and deciding not to send him to prison.
The court heard unemployed Spencer had previously complied with an alcohol treatment requirement but he admitted yesterday he had lapsed and is currently again drink dependant.
Magistrates were also told he had lived independently for three-and-a-half years and there was a risk his home would be removed if he went to custody.
He was also suffering from depression and had been unable to work as a result.
Chairman of the bench Kashmir Khangura told him: “You have pleaded guilty to three serious offences and we have considered custody.
“You have a horrendous record for driving offences.
“You have admitted these offences and acknowledged you have alcohol problems but you should not have driven whilst over the legal limit and whilst disqualified.”
He sentenced Spencer to an 18-week curfew by way of electronic tag to reside at his home from 6pm to 6am.
He was also subjected to a community order for 12 months with a 12-month supervision and six-month alcohol treatment requirement.
He was disqualified from driving for four years.
Mr Khangura warned him: “This is a direct alternative to custody. If you breach this order you will be given a custodial sentence.
“This is your opportunity to do the community order and not go to custody.”
He must pay court costs and fines totalling £145.