A drink-driver who drove while he was more than twice the limit with a child in his car has been put on probation.

Brian John Jago-Smith was also banned from driving for three years with an order to take an extended test at the end of the ban.

We previously reported that 42-year-old Jago-Smith was driving a Ford Mondeo on March 18, at 10am.

A witness described him as swerving and mounting the kerb at Shore Road in Port St Mary, where the car came to a stop.

The child was also in the car.

Police arrived and found Jago-Smith still in the driver’s seat.

He was said to be smelling of alcohol, slurring his words, and having glazed eyes.

After failing a roadside breathalyser test, Jago-Smith was arrested and taken to police headquarters, where he produced a reading of 94.

The legal limit is 35.

During a police interview, he said that he had been drinking the previous evening and had then slept for eight hours.

He said he had not eaten since 8pm that previous night but didn’t think he would be over the limit in the morning.

Jago-Smith said he would not have driven if he thought he was over the limit, especially with the child in the car, and was surprised how far over the limit he was.

He claimed that the manner of driving was due to having a damaged tyre.

Defence advocate Paul Rodgers said that his client had no previous convictions for similar offences and handed in a letter of reference.

Mr Rodgers referred to a probation report which he said detailed personal matters which he would not go into in open court.

The advocate said that Jago-Smith, who lives at Ballamaddrell in Port Erin, had moved to the Isle of Man more than a decade ago and had been working as a delivery driver.

‘He is aware he will face at least a three year ban for this matter,’ said Mr Rodgers.

‘Mr Jago-Smith has done everything possible to prepare for the ban.

‘He has found alternative employment, obtaining a job that doesn’t involve driving, and has moved to the south of the island.’

The advocate said that Jago-Smith had failed to understand the effect of late-night drinking on readings the next day.

‘It was a case of drinking too much the night before,’ said Mr Rodgers.

Deputy High Bailiff James Brooks said that the probation report painted a very positive picture of the defendant, but he was not the first person to think he would be okay to drive after drinking the night before.

The probation order will run for 12 months.

Jago-Smith was also ordered to pay £125 prosecution costs by May 31.