Former Fieldfisher partner Michael Harte has been handed a suspended sentence by the Solicitors Disciplinary Tribunal (SDT) after he was convicted of failing to give a sample when suspected of drink driving.

Harte was convicted of failing to give a sample when he was stopped by police on his way to Leeds in July 2013 after a lorry driver reported seeing the driver of a Porsche 911 drinking whiskey while driving with his son in the passenger seat.

Harte's lawyer, Howard Kennedy partner Ian Ryan, said Harte has "no recollection" of whether he was drinking at the wheel before he was stopped.

Harte, who admitted to having been drinking with friends the previous night, failed a preliminary breathalyser test and was taken to a nearby police station.

He was unable to complete a breathalyser test at the station and received a criminal conviction at Barnsley Magistrates' Court in August 2013 after pleading guilty to failing to provide a specimen for analysis.

Harte received a 16-week custodial sentence, suspended for 18 months, a £2,000 fine and a £120 victim surcharge for the offence.

Richard Hegarty, founder of Hegarty Solicitors who chaired the SDT hearing, said Harte's behaviour was "extremely serious".

The three-year suspension handed down at the SDT hearing yesterday will only be enforced if Harte commits a further offence.

Ryan said Harte felt "deeply ashamed" of his "insane behaviour", which Ryan said was caused by Harte experiencing a period of "great stress" at the time.

"There was no rational reason why he would have done what he did," added Ryan. "He shocked himself to the core by his actions."

Ryan had asked for a financial penalty to be handed down rather than a sanction that would stop Harte practising. "Neither the protection of the public nor the protection of the reputation of the profession justify suspension in this case," he said.

Ryan said Harte admitted that his actions violated the first principal of the Solicitors Regulation Authority's code, which is "to uphold the rule of law and the proper administration of justice".

At the hearing, Ryan explained that Harte had given up alcohol since the driving incident and that he had seen a psychiatrist and continues to see an occupational health therapist regarding his alcohol consumption.

Harte's older brother, Thomas, was called as a character witness at the hearing, in which he said he was still "very proud" of his sibling and praised the support that Harte gave their mother and seven sisters.

"He has worked extremely hard to achieve his career ambition of being a solicitor," he said. "He is a loving father and sees his son as much as he can."

Harte, who was admitted to the roll of solicitors in 2004, has continued to practise since the conviction, but has now left Fieldfisher.

Officially Harte's last day at Fieldfisher is 14 July; however, he has already stopped work for the firm by mutual agreement.

Fieldfisher declined to comment on Harte's conviction and the SDT decision.