Friday, April 13, 2012
46-year-old pleads guilty to failing to provide a specimen for analysis when he was suspected of drink driving.
A Honiton man has been banned from driving for 36 months after failing to provide a specimen for analysis when he was suspected of drink driving.
James Mark Berry, of Hawthorn Close, pleaded guilty at Central Devon Magistrates’ Court last week to failing to provide a specimen for analysis after he was arrested on suspicion of drink driving.
The offence occurred when the 46-year-old was driving a van just before midnight on Sunday, March 18.
He was spoken to by the police, who believed he was driving under the influence of alcohol.
The court heard that Berry had drunk one-and-a-half pints an hour before he was pulled over by officers and his movements were described as being “exaggerated and unco-ordinated”.
He had difficulty walking and fell into the police car door whilst trying to get in.
He provided a positive breath test at the roadside, which was “well over the legal limit”. When at the police station Berry said he was unable to give a breath specimen so only a partial sample was taken.
He also told officers that he could not give a blood sample due to suffering problems with blood clotting.
Berry failed to provide a sample within the time limit.
He was given a suspended sentence for 12 months and ordered to complete 100 hours of unpaid work. He was also ordered to pay £85 court costs.