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A father-of-two from Goole who drove while nearly three times over the limit with his 22-month-old daughter unrestrained in the car alongside him has been given a suspended prison sentence.

Raul Carvalho, a worker at Yorkshire Fresh Fruit in Camblesforth, was pulled over after he drove in an erratic manner through Drax, magistrates heard this week.

For the prosecution, Steve Ovenden said: "At about 2.20am on March 25, officers were on duty on the A645 Drax link road when they saw a Ford Mondeo swerving from side to side and slowing down and speeding up intermittently."

He said the vehicle was stopped and the driver, Mr Carvalho, was given a breath test - which he failed.

"The officers then became aware there was a child in the car. The child was not restrained in the child seat and the seat was not strapped into the car," Mr Ovenden explained.

He said there was a clear risk of serious injury had the vehicle come to an abrupt halt and 'catapulted' the toddler through the windscreen. He told magistrates the incident had significant aggravating factors which, in addition to the unrestrained child, included Mr Carvalho having a previous drink-driving conviction from 2005, for which he had received a two-year ban.

In mitigation Shaun Pinchbeck said: "Mr Carvalho feels extremely guilty about his actions in the early hours of that morning. He bitterly regrets that he did not ensure that his daughter was in the car seat."

He said some friends had visited his client earlier in the day, and Mr Carvalho had drunk beer and whisky with them before sleeping for several hours.

He then drove to Fresh Fruit, where his wife also works, to pick her up from a late shift with their daughter.

The couple's eight-year-old son was sleeping at a friend's house.

Mr Pinchbeck said: "Clearly, it was not possible for him to leave his daughter in the house on her own."

He told magistrates that a prison sentence would "punish three innocent people", as the defendant's wife would have to give up work, leaving no money coming in to support their two children.

"This matter has been such a shock to Mr Carvalho, he has been so horrified by what he did, that he has decided he can't have any more alcohol.

"He has consumed no alcohol since March 25 and it is his intention to continue that way."

Mr Carvalho (40), of Sotheron Street in Goole, pleaded guilty to drink-driving and driving in a manner that could cause danger or injury.

Presiding magistrate Wendy Bromwich said: "You have agreed that taking your daughter in an insecure car seat when you are three times over the limit is very irresponsible behaviour."

The bench sent the defendant to jail for 16 weeks, but suspended the sentence for two years.

Mr Carvalho was also banned from driving for four years and ordered to undertake the drink-impaired drivers' programme.

There were £50 court costs.

Published on 8th May 2008 in News.

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