A MERSEYRAIL train driver dismissed after working when double the alcohol limit had in effect ruined his life, barrister Charles Prior told Wirral magistrates.

He appealed to the court to follow a recommendation of community service for 29-year-old Alan Graeme Waters, of Statham Road, Bidston, Birkenhead.

But the magistrates imposed a five-month prison term. Chairman Dorothy Hignett told him: "As a public servant, one of your first duties is the safety of the public and yourself. This was a high reading of alcohol. We find this offence so serious that a non-custodial sentence is not justified."

Waters admitted working on the railway on December 11 in a capacity in which he could control or affect the movement of a vehicle after consuming a quantity of alcohol exceeding the prescribed limit. A test showed 70 microgrammes in 100 millilitres of breath.

Mr Prior said Waters had been a driver for 30 to 36 months. "He realises he acted irresponsibly when in charge of a train and it is a great stigma for him."

Prosecutor Trevor Gordon said Waters began driving at West Kirby at 5.40am on the day in question. Traction inspector Alan Coburn boarded his train at Hamilton Square at 7.43am and spoke to him. Waters commented: "I've got the window open because I have been on since 10pm last night."

The inspector considered his behaviour was not normal. At Birkenhead Central, where he was due to be relieved, he was reluctant to get off the train.

The Transport Police were contacted and Waters said: "I had a drink at 2pm yesterday afternoon." A bottle of vodka was found in his holdall and the breath test followed.

Mr Prior said Waters was dismissed from his job. He was on nights and it was only the fourth time he had done such a shift. It involved moving trains overnight, where necessary, and standing by for the morning shifts.

He was actually on overtime when he was driving. It was not his normal pattern of work and explained why he was in such an abnormal state. Mr Prior said his drinking had started to spiral out of control but he had consumed drink only once - on New Year's Eve - since arrest.

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