Banned Nelson drink-driver 'had to get away' after finding his wife with another man

Burnley Magistrates Court.
Burnley Magistrates Court.

A banned driver over the limit got behind the wheel after he returned home at midnight to find a man with his wife, a court heard.

Marcin Gipsiak was stopped by police at 1.30am with his dog in the car with him. He was breath-tested after half-empty bottles of alcohol were found in the passenger foot-well. He blew 59 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35.

Burnley magistrates were told how Gipsiak, who has a daughter, had been ordered off the road until April 17 under the totting up procedure.

The defendant, who wasn't represented by a solicitor, told the hearing he had been in an eleven-year relationship. He continued: "This night I found out my wife had cheated on me."

Gipsiak (28) went on: "When I came back home at 12 o'clock at night, I see another man in my house. I had a couple of drinks and decided to take the dog a walk to the park and was on the way to the park when police stopped me. I made the biggest mistake in my life."

A probation officer who interviewed the defendant, said he had bought a vehicle for when his disqualification ended, which he believed was in the next couple of weeks.

The officer said Gipsiak had been to work and was very upset and very angry when he found his wife with another man. They argued and he left the house. Gipsiak bumped into a neighbour, talked about what has happened and he had a couple of beers. The defendant didn't know whether he was coming or going and decided he needed to get away.

The officer continued: "He made what he fully accepts was a stupid decision. He has not returned home since this night. He left with just a few items and has been staying with a friend."

The defendant, of Bevan Place in Nelson, admitted driving whilst unfit through drink, driving whilst disqualified, and having no insurance on Marsden Hall Road in Nelson on February 21st. He was given a two-year conditional discharge, was banned for 12 months, and must pay £85 costs and a £20 victim surcharge.

The Bench told him: "It's a sad case."