A taxi driver who drove a fare while more than three times over the legal limit of alcohol yesterday escaped a jail sentence.

Nigel Wilkinson, 47, of Fronks Road, Dovercourt, was stopped with two passengers in his cab.

He told police that earlier that day he had also done a school run, Colchester magistrates heard.

Amanda Stear, prosecuting, told the court today how police had seen Wilkinson's Ford taxi driving along Main Road at 6pm on June 21.

The officers noticed the car swerving towards the kerb and stopped it after it nearly collided with the kerb outside Harwich Hospital, she said.

"They asked the driver to step out," she said.

"The driver staggered to the path and smelt strongly of beer."

Two men were noticed in the back of the taxi when Wilkinson was arrested.

"He said 'I have got a fare' and began to struggle violently with the officers in an attempt to return to his vehicle," Miss Stear said.

At the police station a test showed Wilkinson has 112mcgs of alcohol in every 100ml of breath. The legal limit is 35.

"He indicated he regarded himself as 'a danger to the public'," Miss Stear said.

"He also indicated he was an alcoholic."

He told police he had been drinking with a woman before going to do a school run. He returned later to the woman's house where he consumed more alcohol then went to collect the fare.

Wilkinson admitted a charge of drink-driving at an earlier hearing. He was given a combination order of one years' probation including a drive safe programme and 80 hours community service. He was further disqualified from driving for 30 months.

Martin Lucas, mitigating, said: "I make it clear from the onset as far as the offence is concerned there is no mitigation.

"He collected some passengers and drove knowing he had consumer far too much alcohol."

Mr Lucas described the offence as "a gross dereliction of his duty. He was being paid to perform a duty, a duty he performed in a disgraceful manner.

"He was at a party, he had a drink, he was called upon to collect a fare, he could have refused the fare, he made the wrong decision".

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