A suspected drink-driver said to be almost three times the limit at the roadside didn’t give a full police station breath test, but has been banned for the minimum of 12 months.
Burnley magistrates heard how Ben Thomson (27) blew more than twice the limit at the police station, but didn’t given an “evidential,” sample. He had refused to give a blood test.
Police had gone to speak to the defendant after they spotted him driving a little too fast around midnight, in Centenary Way, in the town. His windscreen wasn’t clear either.
Thomson, who has no previous convictions, admitted failing to provide a specimen for analysis, on January 6th.
The defendant, of Cleaver Street, Burnley, who is on employment and support allowance, was fined £120, with £80 costs and a £30 victim surcharge.
Mrs Alex Mann, prosecuting, told the court Thomson stopped and pulled away again. He went up Manchester Road and stopped at a red traffic light. Police went to speak to him and decided he was under the influence of something. The defendant “confirmed he had had too much to drink.”
Mrs Mann said a roadside breath test showed 101 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35.
The defendant was taken to the police station and didn’t provide a full breath test.
Mrs Mann continued: “He was asked about any medical reason why and suggested he might have had asthma. The police asked about providing a blood sample. He refused to have a needle put in his arm.”
The prosecutor said: “Nothing evidential was able to be taken from the defendant. Of the partial samples taken at the police station, the lowest was 85 in breath.”
The defendant, who was not represented by a solicitor, said: “All I can say is it was a foolish mistake on my part. I have never done it before and I will never do it again, that’s for sure. I apologise.”