Leonard Naylor, 55, from Manchester, had drunk six pints of lager before getting behind the wheel of his Peugeot 207
A trucker, who was three times the drink-drive limit when police pulled him over for swerving and driving through a ‘Stop’ sign, tried to avoid a road ban by blaming it on his leaky colostomy bag.
Leonard Naylor, 55, from Manchester, had drunk six pints of lager before getting behind the wheel of his Peugeot 207.
He was stopped by traffic police after he was spotted swerving around the road in his car, hitting the kerb and driving through a ‘Stop’ sign, while on a 0.4mile journey back to his home.
But Naylor argued ‘special reasons’ for not being disqualified from driving, saying his colostomy bag which he had fitted due to stomach and bladder problems started leaking in his local pub.
When quizzed in court about why did not relay his story to police at the time Naylor – who admitted drink driving stated that he was ‘too embarrassed’ to tell them.
At Manchester Magistrates’ Court, JPs declined Naylor’s appeal and banned him from driving for 28 months after it emerged he had tried to eat a mint whilst being taken back to a police station to be breathalysed.
The court heard Naylor – who is currently out of work – had a previous conviction for drink driving from 2004 and other motoring offences including having no insurance, and failing to give information relating to a driver.
The incident occurred at 9.30pm on October 20 after Naylor was seen ‘swerving in the road and occasionally hitting the kerb’ by two police patrolmen who decided to follow him.
‘He stopped once after the car had gone through a stop sign,’ said James Gore prosecuting. ‘The officers suspected at this point the driver had been drinking and flashed their lights at him to pull over and he did so.
‘One of the officers got out of the car and asked if the defendant had anything to drink and he replied ‘only a couple’.
‘He was asked if he recalled driving into the kerb and he said he wasn’t aware he had done that. He was being quite difficult with them at first.
‘The first two times they asked him for a sample of breath he refused. The third time he told them he had smoked a cigarette two minutes before so it could affect the breathalyser. They waited for five minutes and when asked again he did not listen to their instructions so they arrested him and drove him to the police station..
‘One of the officers could smell mint coming from the backseat and when they turned round they asked him if he was chewing gum and he said he was, so they told him to remove it. He took it out.
‘They then heard him eating something and discovered he was eating a mint, and again asked him to get rid of it, so he threw it out of the window. When he arrived at the station he was quite abrupt with the officers, but he did cooperate. He did try to argue with them at first.’
Tests showed Naylor had 104 microgrammes of alcohol in 100 mililitres of breath. The legal limit is 35mg. Naylor told the hearing: ‘I had gone to meet my son for a few drinks at the local pub but he didn’t end up meeting me so I had some drinks on my own.
Tests showed Naylor had 104 microgrammes of alcohol in 100 mililitres of breath
‘I then noticed that my colostomy bag was leaking so I grabbed it and decided to leave straight away because I was really embarrassed. The last thing I thought about was getting a taxi, that would have been daft because i would have got all the liquid in the car.
‘I know I could have walked but I wanted to leave straight away. The bobby’s stopped me when I was trying to hold onto my bag to stop it from slipping and steering at the same time. I normally carry some spare bags with me, but I didn’t that day.
‘I wasn’t intending to drive home, I was going to leave the car there and go back for it the next day. It was my mistake, I shouldn’t have driven, I just wanted to get home quick. Calling a taxi would mean that I would have had to wait and in that moment I just had one thought, and that was to get home as quickly as possible.
‘I didn’t tell the officers because I was so embarrassed. Also when I had that cig, that wasn’t to put the breathalyser off, it was because I’ve got a habit of smoking unfortunately.
‘I didn’t think I was going to have that much trouble with the bag – but you can’t help these things. At the time it was easier for me to get in the car and drive. I’m really sorry for doing that as I did have around six pints. I am aware that I could have caused an accident and for that I am remorseful. However, I was trying to get home to sort myself out.
‘I only drove a short distance, only 0.4 miles from the pub to the road near my house. I just didn’t want the bag to burst, it was causing me real concern.’
Naylor’s lawyer, John Mail said his client was due to undergo corrective surgery in December. He added: ‘This man does have a condition where he had to wear a colostomy bag. He didn’t chose to have this condition. That night he did drink around 6 pints of lager and he probably could have got a taxi, and would have been safer doing so, but my client just wanted to get home as soon as possible.’
Naylor was also sentenced to a nine month community order and to abide by a 10 week curfew from 7am to 7pm. He must also pay £285 court costs.