An uninsured driver gave his brother’s name and details when pulled over while at the wheel under the influence of drugs, a court heard.

Michael Gough was driving a Volkswagen Caddy when police on patrol in Ferryhill, County Durham, stopped him on suspicion of driving while unfit through drugs, late on November 29, last year.

Durham Crown Court heard that he gave the details of his brother Jonathan, who was licensed and insured to drive the vehicle.

Gough was arrested and maintained his claim at the police station while tested for the presence of drugs in his system.

The Northern Echo: Michael Gough, pictured after previous arrest, spared an immediate prison sentence following

He was bailed pending the result of those tests, but it was only when his brother was subsequently summonsed to court for driving while unfit through drugs, on March 31, this year, that the defendant came clean.

Dr Chris Wood, prosecuting, said Gough confessed to his brother, as well as informing police.

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His brother was told there was no need to attend court on the due date, but due to a lack of communication, the magistrates issued a bench warrant for his arrest following his non-appearance.

When it was realised the warrant was issued mistakenly, it was withdrawn, and Michael Gough was arrested.

Dr Wood said despite the actions of his brother, Jonathan Gough wrote to the Crown Prosecution Service explaining that he had not given his sibling permission to drive the vehicle but urging them to take a lenient approach in dealing with Michael Gough.

The defendant, 31, of Manor View, Ferryhill, was given a 40-month driving ban by magistrates for driving while unfit through drug use, in May.

He appeared at the crown court for sentence after admitting a charge of doing an act tending or intending to pervert the course of justice.

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The court was told his record of 31convictions for 56 offences includes two previously for perverting the course of justice, dating from 2012 and 2014.

Dr Wood said the circumstances in this case differed from those and could be considered, “a breach of trust”, given the relationship between the defendant and his brother.

A psychiatric report was presented to the court, while a Probation Service stand-down report was also given to the hearing.

The court was told the defendant has substituted drug misuse with binge drinking on occasions, but it was considered work could be done with him to address his various issues.

Recorder Jamie Hill KC told Gough: “You’re 31 and you have been to court a lot of times.

“You have been to prison a number of times and you know anyone committing an offence like this, the court’s first thought is likely to be a prison sentence.”

Recorder Hill said had Gough’s brother been arrested over the incident he would have had “no choice” but to send the defendant to prison.

But he said, having read the medical report and heard from the Probation Service, he would suspend the sentence, on the basis if there are any breaches he would face immediate custody.

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Imposing a nine-month prison sentence for two years, Recorder Hill ordered Gough to attend 35 rehabilitation activity days with the Probation Service and he must also complete a “Thinking Skills” programme.

He also made Gough subject of a nine-month alcohol abstinence order to address his worsening binge drinking.

Recorder Hill told Gough he had his brother to thank for being “forgiving”, despite the defendant’s action potentially landing him in trouble.