Frankel’s jockey banned after he claimed he sleep walked while drink-driving

A TOP jockey best known for riding champion horse Frankel was banned from driving for 22 months after claiming he was sleep walking while drink driving.

Tom Queally was more than twice over the limit after being found asleep behind the wheel of his BMW, claimed he had not been drinking, then “rolled” out of a police car and lay down on the ground after being arrested, Crewe Magistrates’ Court heard.

But his lawyer Nick Freeman, known as “Mr Loophole”, claimed the 30-year-old, was “morally totally innocent” as he was “sleep driving” at the time and claimed the law needed to be changed.

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Celebrity lawyer Mr Freeman claimed Queally was forced to admit the charge of drink driving because the law had not caught up with medical science in recognising sleep walking as a legal defence for drink driving.

Queally, from Dungarvan, Ireland, but now living at Oak Lodge, Newmarket, today admitted drink driving on March 16, earlier this year.

Kate Marchup, prosecuting, told the court around 5am on March 16 a man driving home from nightshift spotted Queally “either asleep or looking down at his mobile phone” with his car parked in the carriageway of Knutsford Road in Knutsford, Cheshire. Police were called.

Queally gave a reading of 84 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35mg.

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Mr Freeman, mitigating, said a number of “trigger events” prompted an episode of sleep walking that led Queally to get in the car. Judge Knight disqualified Queally for 22 months, fined him £1,350, with a victim surcharge of £120 and ordered he pay costs of £3,500.

Queally told the court he will pay within seven days. Outside court Mr Freeman said: “Because drink driving is a crime that doesn’t require any specific intent, he can’t argue this as a defence or a special reason. The law needs to be changed to reflect this unique set of circumstances.”

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