A DRIVER started a police investigation into a burglary that never happened after he crashed into a tree on a roundabout.

Matthew Holmes tried to hurry police up with a “cheeky” phone call when they didn’t respond as quickly as he wanted to his fake crime report, York Crown Court heard.

Dan Cordey, prosecuting, said both Holmes and his partner Jade Neale, 27, claimed they were at his home when the car had been stolen from the property.

But DNA evidence later proved Holmes was at the wheel when the BMW hit the tree.

Defence barrister Richard Canning said Holmes hadn’t been drinking and wasn’t trying to avoid being charged with drink driving.

Today 30-year-old Holmes, who has a previous conviction for failure to provide a specimen under the drink driving laws, is serving four months in jail.

Judge Simon Hickey told Neale: “He (Holmes) undoubtedly is the main motivator in this case.”

He suspended her two-month prison sentence for 12 months on condition she does 15 days’ rehabilitative activities.

Holmes, of Westlands Grove, Heworth, and Neale, of Starkey Crescent, Tang Hall, both admitted perverting the course of justice.

Mr Cordey said witnesses to the crash late on January 24 on the roundabout in Green Lane, Acomb, told police the BMW driver had fled before they arrived.

Forty minutes after the crash, Holmes rang North Yorkshire Police claiming his car had been stolen in a burglary at his home.

The judge said at 1am, Holmes made a “at the very least cheeky” call to ask when police would be responding to his earlier call.

Mr Cordey said when police did arrive, they told Holmes his car had been involved in a crash. He appeared to be “physically distressed,” said the prosecution barrister.

Glenn Parsons, for Neale, gave no mitigation after the judge said he would suspend her sentence. The court heard no-one was arrested for the “burglary”.