Southery biker banned after pushing machine across road while nearly four times alcohol limit

A motorcyclist who was almost four times the alcohol limit told police that they had no evidence he had been riding.

And Keith Yates was right.

He was still disqualified on Thursday for being in charge of a vehicle while above the limit but the length of ban was much shorter than if it had been drink-driving.

Police had been called to Railway Road, Downham, to reports of a man trying to climb on and start a Honda CBF 125, magistrates in Lynn heard.

Yates, 28, had been filmed by a member of the public pushing the motorcycle across the road. The defendant failed a breath test.

Prosecutor Collette Harper said there was then a significant comment in which he admitted being over the limit before adding: “There is no evidence to gather that I was biking over the limit. That’s it.”

In custody Yates gave a reading of 135 micrograms of alcohol in 100 millilitres of breath. The legal limit is 35.

Miss Harper added: “He’s been charged with being in charge [of a vehicle, rather than drink-driving]even though there were admissions he was riding.”

Yates, of Recreation Drive, Southery, pleaded guilty to the January 30 offence as well as driving otherwise than in accordance with a licence and having no insurance.

“He can’t actually say why he had ridden to Downham Market,” said Andrew Cogan, mitigating.

“Quite what he was doing there is unclear but he has a vague recollection of going to collect an Xbox.

“He felt OK to drive but couldn’t possibly have been.”

The bench told Yates that he was “very lucky” to be facing the lesser charge of being in charge of a vehicle while above the limit.

He was disqualified for ten months, fined £266 and ordered to pay £105 costs plus a £34 victim surcharge.

There was no separate penalty for the licence and insurance offences.