Lockdown drink driver sent to prison

Friday 19 June 2020

A 56-year-old man who turned to alcohol when he became "isolated" during lockdown, has been sentenced to eight weeks in prison for drink driving, along with a four year driving disqualification.

It was a witness who first noticed Carlos Duque's car from their flat window at around 18:50 on 10 May.

They had contacted Guernsey Police after watching the defendant travel along the Bordage at speed.

Officers found the car parked outside Octopus along La Vallette. The defendant was still inside and had turned the engine off, but the key was in the ignition and the engine was still warm to the touch. A partially consumed bottle of Jack Daniels whiskey was also noted inside the car.

Pictured: The car was parked outside Octopus restaurant.

Duque was asked to carry out a breath test, which gave a reading of 135 micrograms of alcohol in 100ml of breath - nearly four times the legal limit of 35 micrograms - and he was arrested.

"I left my car there one week," he told the officers in broken English. "I have not drive my car five years. I only want to sleep there."

However, CCTV footage later proved the defendant had driven past Octopus at 19:00 - ten minutes after his car was reported to the police.

Duque, who has lived and worked in Guernsey for the past five years, has no previous convictions other than a caution back in 2018.

"For the first 56 years of his life, Mr Duque has had no convictions in any jurisdictions," said his defence advocate, Liam Roffey. "He's lost that good character and realises that a prison sentence this morning is inevitable.

"He speaks very little English indeed and that language barrier causes additional fear, because he can't understand anything that's being said or going on around him.

Pictured: The defendant used an interpreter throughout the court process. 

"Mr Duque has always been a hardworking man and is so highly thought of by his employers that he will retain his job and associated accommodation, despite these proceedings."

The court heard how the defendant had struggled with alcohol issues for some time, admitting himself that he "can't just have one drink".

"My client did find the period of lockdown extremely challenging," Advocate Roffey continued. "He found himself becoming somewhat isolated and, in that context, his alcohol consumption increased."

Advocate Roffey explained to Judge Graeme McKerrell how Duque has no family in the island and that his life "revolves around his work", which wasn't able to continue throughout lockdown.

"The main mitigation I can put forward is the guilty pleas that have been entered and that he wasted little time in entering those guilty pleas," added Advocate Roffey.

"This whole process has been a learning journey and one of self reflection for Mr Duque."

Pictured: The defendant was sentenced in the Magistrate's Court. 

Judge McKerrell noted that the defendant has since sought help for his alcohol problems, but was not impressed by the probation report, which said Duque had been out with his friends, despite the lockdown restrictions, before committing the offence.

"It is difficult to underestimate the serious and stupidity of what you have done," Judge McKerrell told him. "By the time you got into the car there could have been no question of whether you were over the limit and I remain to be convinced that you fully understand the potential consequences of what you did.

"In my view, prison is the only suitable sentence."

Duque was taken into custody from court yesterday.