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03
Mar
Man who drank a third of a bottle of vodka before getting behind the wheel sentenced
A man who was almost four-times the drink-drive limit in Harrogate has been handed a lengthy driving ban.
Max Lister, 23, appeared at Harrogate Magistrates Court on Thursday (February 26) when he admitted one offence of drink-driving.
Alison Whiteley, prosecuting, told the court a police officer saw a car parked on the pavement near Harrogate Police Station at around 7.30pm on February 11 this year.
The hazard lights and ignition were on, whilst the driver – Lister – was in the driver’s seat.
The officer approached the defendant and could immediately smell alcohol on him.
Lister told police he had hit a pothole and had a flat tyre.
He blew 142 micrograms of alcohol at the roadside, the court heard, before recording 128 micrograms of alcohol in 100 millilitres of breath at the police station two hours later.
The legal limit is just 35 micrograms.
Ms Whiteley said:
The defendant told police in interview that he had drunk a bottle of vodka before he left his home at 4.30pm. He stopped with his hazards on.
Lister is of previous good character.
Defendant struggles with ADHD
Brian Nuttney, defending, told the court Lister was very co-operative with police and made a full admission during interview.
Lister drank alcohol at around 4.30pm that day, before which he made the “catastrophic decision to drive to his girlfriend’s house”.
Mr Nuttney said:
He got a flat tyre, so he called the tyre people and was waiting for help at the time.
Mr Lister is truly sorry for this. He’s got a strong family and was a good student on the playing fields and in the classroom. He is a good rugby player.
The court heard Lister, of Old Lane, Bramhope, struggles with ADHD; his family suspected he had it and put him on a waitlist, but he “fell off” before getting the diagnosis.
Lister has since dropped out of university, but when he was a student he was attacked on a night out by a group of boys.
Mr Nuttney said the assault happened in 2023, when the group “stamped on him”, leaving him concussed and with a broken jaw.
Lister is now nervous to go out in public and turned to drink to overcome the anxiety, he added.
The court heard:
The ADHD is quite strong – it affects him quite profoundly.
He started self-medicating and drinking to help himself, and he has built up quite a tolerance to alcohol. This reading was very high, but Mr Lister didn’t present as very drunk to the officer.
The defendant's family has since paid for an ADHD assessment and he has contacted a recovery service to address his drinking.
Mr Nuttney said Lister has a "medical condition - ADHD - which makes him impulsive".
He described Lister as a hard-worker and said he has “found his niche” as a joiner.
He has not sought to hide anything here. He is a hard-working young man in good employment.
This is a blip.
Defendant 'seriously impacted' by attack
The case was temporarily stood down for a pre-sentence report to be prepared.
Andrew Watson, a probation officer, told the court in an oral report Lister struggled to adapt to life at university and believes it was then he developed a problem with alcohol to manage some of his problems.
“Over a period of four years, the alcohol use has increased”, Mr Watson said.
He added:
The defendant says he was drinking alcohol daily at the time of the offence.
He had worked on the day of the offence and says he went home and drank a third of a bottle of vodka. He then decided to come over to Harrogate to visit his girlfriend.
Mr Watson told the magistrates Lister has “limited knowledge” of alcohol and driving, and believed the alcohol he consumed before driving “would not have been in his system” by the time he got to Harrogate.
Lister had never drunk to that level and driven in the past, the court heard, but he is remorseful and regrets his actions.
The court heard:
The defendant used alcohol to manage the symptoms of his ADHD but he accepts he needs to stop drinking entirely and has tried to get help.
He has been seriously impacted by the attack in 2023. It appears this offence is out of character and he will learn lessons from this.
Reading is ‘exceptionally high’
Passing sentence, the chair of the magistrates’ bench told Lister:
"That reading is exceptionally high.
"We are particularly concerned that Mr Nuttney said you have developed a tolerance for alcohol … an innocent member of the public could have been very injured or worse.”
Lister was handed a 12-month community order, during which he must complete 50 hours of unpaid work, 12 rehabilitation activity requirement days and a six-month alcohol treatment requirement.
He was banned from driving for 30 months, which would be reduced by 30 weeks if he completes a drink-drive awareness course.
Lister was also ordered to pay a total of £199 to the court.
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