A DRINK-DRIVER has escaped jail for taking to the road on an errand of mercy in defiance of a driving ban.

Builder Craig Donald Young drove from a pub to his blind and elderly mother and his ten-month-old son, York magistrates heard.

His partner, suffering from post-natal depression, had dropped the baby off with his mother because she could not cope any more.

But when he got behind the wheel on the evening of July 25, he was supposed to be serving a 30-month driving ban for drink-driving. He could not legally drive until April 29, 2004.

Young, 34, of Station Avenue, New Earswick, pleaded guilty to driving while banned, drink-driving and driving without insurance.

He arrived at York Magistrates Court for sentence with his bag packed. His solicitor, Damien Morrison, said he knew he could be jailed for his crimes.

But after hearing why he had been on the road, York magistrates let him keep his freedom and gave him a combination order.

He must do 12 months' community rehabilitation and 100 hours' community punishment and pay £55 court costs. He was also banned for three years. His new ban finishes in July 2006.

Martin Butterworth, prosecuting, said that magistrates disqualified Young for 30 months for drink-driving on October 2001. But last month police on patrol in Hawthorn Avenue, New Earswick, stopped him at the wheel of a car.

Mr Butterworth said Young gave a breath test reading of 46 micrograms of alcohol in 100 millilitres of breath. The legal limit is 35 micrograms.

Mr Morrison said Young's partner had had problems looking after their ten-month old baby because she was suffering from post-natal depression.

On July 25, she had taken the child round to his blind and elderly mother and effectively "dropped it off" because she could not cope any longer.

The grandmother immediately phoned Young, who was in a pub. He hurried round to her house to help her.

"Rather than running ten minutes home, in a moment of effective rashness, he asked a friend whether he could borrow the keys to his vehicle and drove round from the public house", said Mr Sutcliffe. He said Young appreciated that he should not drink and drive, and the incident had been a one-off.

Updated: 10:55 Thursday, August 21, 2003