It was revealed earlier this month that Wayne Hoban also avoided jail for his sixth conviction when a judge said the 46-year-old was “taking the mickey”.
Magistrates in Leeds yesterday gave Hoban a community order, 140 hours of unpaid work and told him to pay £150 for his latest offence.
The court heard Hoban was more than twice the limit when he was stopped by police as he drove his Peugeot along Rose Wharf, Cross Green, in Leeds at 2.30am on October 30 last year.
Hoban tried to swap places with his girlfriend, who had been in the passenger seat, but was spotted by the officers and began “scuffling” with them and became abusive.
Hoban, of Clark Road, Cross Green, pleaded guilty to drink driving, driving while disqualified, having no insurance and resisting an officer. He has driving and drug convictions dating back to 1985. Hoban appeared before Leeds Crown Court a fortnight ago when judge James Spencer QC expressed his frustration at not being able to impose tougher sentences on repeat drink drivers.
The maximum sentence for the offence is six months regardless of the number of convictions.
The judge imposed a community order and ordered him to do 100 hours’ unpaid work, saying he was “limited” in what he could do.
He said he was reluctant to impose a short prison sentence as previous jail terms for drink driving had done little to prevent him re-offending.
Magistrates at yesterday’s hearing said they were also ordering Hoban to serve his sentence in the community as their “hands were tied” by the judge’s comments at the earlier crown court hearing.
Hoban was also banned from driving for 20 months.
Hoban’s solicitor, Tony Murphy, said his client had been suffering from stress as a result of family problems. Mr Murphy said Hoban could lose his home and new job if he received a custodial sentence.