Derbyshire man pulled from “smoking” car by police after drunken crash

Benjamin Fern, 43, was not wearing a seatbelt during the collision and it was “miraculous” that he was not seriously injured, Chesterfield Magistrates Court heard.

Prosecutor Sian Young described how in the early hours of June 4 a police officer saw a VW Golf driving without its headlights on and gave pursuit.

She said: “Mr Fern’s Golf had crashed into a lamp post - both airbags were deployed and the vehicle was described as smoking. The driver was not wearing a seatbelt.

“The officer pulled the driver from the vehicle - the defendant smelled of alcohol so he asked if he had consumed any alcohol or drugs.

“Mr Fern said very candidly ‘I’ve had a substantial amount’.”

After his arrest at the scene on Derwent Way, Matlock, Fern was taken to hospital where he gave a sample of 105 milligrams of alcohol in 100 millilitres of blood.

Ms Young added: “Given that he was not wearing a seatbelt it’s quite miraculous that he is able to attend today in the condition that he is in.”

Fern’s solicitor Lisa Tinsley said her client was a man of previous good character.

Roofer Fern’s partner had been diagnosed with borderline personality disorder and had attempted suicide on “more than one occasion”, she said.

She added: “They had been drinking together and she disappeared on foot - he was concerned and made the spur of the moment decision to follow her in his car.

“He regrets that decision but it was made in drink and in the spur of the moment in concern for his partner.”

Fern, of Mettesford, Matlock, admitted drink driving.

He was banned from driving for 16 months, fined £500 and handed £85 court costs and a £50 victim surcharge.

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