Driver who had ‘two pints of beer’ fell asleep on hard shoulder of the M1

A motorway driver failed an alcohol test when found sleeping on the hard shoulder, city magistrates heard.

A small amount of cannabis was also found in the car used by Vishal Rathod, 28, when checked on the M1 near Trowell.

It led to a 14-month driving ban and £333 fine for Royal Mail human resources worker Rathod.

He pleaded guilty to driving with 44 micrograms of alcohol in 100 millilitres of breath, nine over the legal limit.

Daniel Pietryka, prosecuting, told Nottingham Magistrates’ Court today, Tuesday January 7, that police officers were called to a Ford Mondeo which was parked on the hard shoulder at 4.20am between junctions 25 and 26.

“The driver was asleep in the driver’s seat. The engine was running,” said Mr Pietryka.

When interviewed, Rathod said that he had been working in Sheffield, went out later and had “two pints of beer” before leaving the city shortly after midnight.

He had made arrangement to meet at friend at the Trowell motorway service station.

Mr Pietryka added: “He decided to pull over on the hard shoulder to await the call from the friend. He said he was very tired.”

Vicky Clarson, mitigating, said the cannabis had been in the car “some considerable time.”

It was a friend’s birthday and he had some drinks but no food.

Miss Clarson said: “He felt OK to drive and while awaiting the friend’s call, he pulled onto the hard shoulder.

“He is very ashamed and embarrassed about his situation. He wishes to apologise for his behaviour,” added Miss Clarson for Rathod of Wavertree Drive, Leicester, who also admitted having cannabis.

The drug must be destroyed.

Rathod, who lives with his elderly parents, had never been in trouble before. He must pay £85 prosecution costs and £33 government tax.

If he completes a course on the perils of drink driving, the disqualification will be reduced by a quarter.