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23
Sept
Drink-driver who crashed did not pass theory test due to language barrier
A Russian drink-driver failed to pass his theory test due to the language barrier, Harrogate Magistrates Court heard last Friday (September 19).
Andrejs Kapkovs, of Rowan Place in Boroughbridge, pleaded guilty to drink-driving and driving without a licence during the hearing.
The case was translated to Kapkovs through a Russian interpreter.
Matthew Rose, prosecuting, told the court Kapkovs had been driving along the A168 at Kirk Deighton on August 10.
However, police were called to the area and found the defendant had crashed into a fence down an embankment.
The court heard Kapkovs was “listening to music and his legs were out of the vehicle” when police arrived.
Kapkovs, who was convicted of drink-driving in 2018, recorded 86 micrograms of alcohol in 100 millilitres of breath – more than twice the legal limit of 35 micrograms.
Police later discovered Kapkovs, 43, only held a provisional driving licence.
Mr Rose said “fortunately, no one was injured in the crash” but he did not know the extent of the damage to the fence.
Defendant struggled with his theory test, court hears
Andrew Tinning, defending, told the court Kapkovs has been “struggling with his theory test” due to the language barrier.
He had been practising the theory test on an app, but he had not managed to pass the test.
The court heard Kapkovs was going to visit a family member to help them paint their house that day.
Despite admitting drink-driving, Kapkovs told police at the time he had consumed vodka after the collision as he was in “some shock”.
The vodka was stored in the boot of his car.
Mr Tinning told the court:
I have told him what he would need to prove to a court [that he had consumed the alcohol after the crash] and I have explained the expense involved. I also told him he would need to be represented. So, he agreed to plead guilty to the charge.
Mr Tinning said the defendant had shown him documents from the insurance company, which refused to cover the cost of the damaged vehicle.
“The family will be out of pocket by several thousand pounds”, he added.
Mr Tinning also said:
He is having language problems regarding the driving test and there may be language problems in terms of a community order. But he accepts they would have to be overcome if you feel that’s necessary.
Ahead of sentencing, the chair of the magistrates’ bench told Kapkovs:
We are aware there was quite a high reading, and this is the second conviction within a 10-year period. There was also an accident and you had no licence.
Kapkovs was banned from driving for 46 months, which would be reduced by 46 weeks if he completes a drink-drive awareness course by a set date.
He was also ordered to pay a £461 fine, a £184 surcharge and £85 in prosecution costs.
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