Henpecked husband, 61, who was found slumped behind wheel of his van while four times legal limit is cleared of drink-driving charge after claiming he'd been sleeping in vehicle to get away from his domineering wife
- Peter Doherty claimed he had been sleeping in the van for three days
- Former army veteran was seeking refuge from long-time partner Carly O'Hare
- A court heard she had previously abused Doherty and attacked him with a knife
Tests showed Doherty had drunk six cans of Guinness and had 124 micrograms of alcohol in 100 millilitres of breath, which is almost four times the legal limit
A henpecked husband has been cleared of drink-related driving allegations after claiming he had been sleeping in his van to get away from his domineering wife.
Former army veteran Peter Doherty, 61, from Halewood, Merseyside was arrested at a cemetery earlier this year on suspicion of being drunk in charge of his Peugeot Partner van after testing almost four times the alcohol limit.
But Doherty was today found not guilty of the offence after claiming he had no intention of driving whilst drunk.
He claimed he had been sleeping in the van for three days to escape his long-time partner Carly O'Hare after she assaulted him for not washing the dishes.
A court heard Ms O'Hare had previously been abusive towards Doherty and it was claimed she had previously attacked him with a knife.
The arrest took place at 2.20pm on January 8 after Doherty was seen slumped over the steering wheel of his silver van with the engine running in Allerton Cemetery (pictured) where his father is buried in Woolton, a leafy suburb of Liverpool
The arrest took place at 2.20pm on January 8 after Doherty was seen slumped over the steering wheel of his silver van with the engine running in Allerton Cemetery, where his father is buried in Woolton, a leafy suburb of Liverpool.
Sefton JPs were told Ms O'Hare had reported him missing the previous day.
Jack Moore, prosecuting, said: 'Officers approached the driver's window and knocked on the window. The driver identified himself as Peter Doherty and the officer who spoke to him smelt intoxicating liquor on his breath and noticed an open container of Guinness in the central console of the vehicle.
'The defendant stated that he had been at the location since January 5 after he had visited his dad's grave because he was feeling low.'
Tests showed Doherty who had drunk six cans of Guinness had 124 micrograms of alcohol in 100 millilitres of breath, the legal limit being 35mg.
Mr Moore added: 'The officers spoke to Mr Doherty and he told them that he had to leave his accommodation as a result of domestic abuse.
'He told the officers that there have been previous incidents of violence including one which occurred when his partner punched him to the head three times. That was whilst he was driving when he had taken a wrong turn which angered her.
'He told the officers she had previously stabbed him. He left his home address as she was shouting at him and he was afraid that she would assault him.'
Doherty told the court that he had visited his father's grave because 'he was feeling low' and arrived at the cemetery at about 10.30am on Thursday January 5 where he stayed at his graveside
Doherty himself told the court he had been at home with Ms O'Hare on January 5 when at 10am she became upset with him.
He added: 'I did not do the dishes and she lost her temper and hit me. I proceeded to go to the living room and used the door as a barrier and pleaded with her to calm down.
'I was very worried because it had happened before but I classed myself as lucky last time. I defended myself with my arms crossed. This time I was really worried. I waited until she calmed down and I ran. I grabbed my keys and ran, just to extract myself from the situation.
'Carly can go from normal to incandescent with rage and it lasts for about a minute and then the situation calms. The danger point is in those minutes that the damage can be done. It has happened on many occasions. I did warn her that if it happens again I would leave.'
When asked why he went to his father's grave, he said: 'When I am feeling a bit down, I go there for peace and solace. I arrived at the cemetery at about 10.30am on the Thursday and just stayed there at the graveside.
'I then went back to the house to get my wallet at about 2pm but Carly had put the key in the door on the inside and therefore I could not gain entrance so I went back to the cemetery.
'The same thing on Friday, so I stayed where I was. I did move my van around the cemetery and I felt a little embarrassed with people seeing me. I did explain the situation to one lady. She came back on Saturday and said 'I am worried about you.' She told me 'Go to your mum's', but mum was on holiday.'
Doherty said he didn't eat anything until Saturday when he went to the Hillfoot pub located nearby and the landlady advised him to speak to police.
Officers advised him to book into a hotel but he had to return to his van as he only had £30 in his pocket.
Doherty said: 'The officers brought me back to the carpark and asked "What are you going to do?" and I said I would have to stay in the van. I moved back to the cemetery and the police went on their merry way.
'The weather was absolutely torrential it was pitch black so I went to the garage to get some sandwiches and cans of Guinness. I most certainly would not have driven as know I would have been committing an offence. I was absolutely shattered and the sleep deprivation alone made it too dangerous to drive.'
The court heard Doherty is still living with Ms O'Hare but had plans to get his own place.
During the hearing his lawyer Mark Ellis read from a police control log which recorded incidents prior to him being arrested.
They included a record of Doherty disclosing to officers that he was suffering domestic violence from his partner, a note that he had a cut to his head plus an entry saying 'The informant says she assaults him with knives'.
Under the heading 'likelihood of harm', an officer wrote, 'The male is safe currently but not safe to return home, which is why he is sleeping rough in his van.'
There was also a record of a comment made by the landlady of the Hillfoot pub which read: 'He is scared to return home out of fear of further domestic violence from his partner. He disclosed that she has used knives on him in the past.'
Mr Ellis said: 'I do not no doubt that he has driven his motor vehicle on one or two occasions but he was not under the influence of alcohol then and he has also got gilt-edged corroboration for that.
'He had a drink, probably out of desperation in the van and police come across him in the afternoon. That's the sorry story of Peter Doherty.'
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