A TV presenter has failed in a bid to have his drink drive conviction overturned on appeal.
Klint Janulis, who presents 10,000 BC on Channel 5, was convicted of drink driving at Oxford Magistrates' Court on Friday, 3rd May 2019.
Magistrates heard that Janulis, who used to be in the US military and is currently studying for a PhD in Archaeology at Oxford University, crashed his car into a roadside ditch during the early hours of Thursday, 1st November 2018.
The 39-year-old had been attending a dinner at Trinity College earlier that evening and admitted washing down the four course meal with two glasses of red wine. As he drove home in the early hours he claimed to have swerved to avoid hitting a dog, which is how his Toyota ended up in a ditch at the side of the B430 between Middleton Stoney and Weston-on-the-Green.
After crashing the car Janulis called his wife Amanda to come and collect him. The couple returned home and Janulis, who claimed the experience triggered a bout of post-traumatic stress disorder, cracked open a can of lager to de-stress from the situation.
A member of the public reported the abandoned Toyota to the police shortly after 1 am. When the police visited Janulis' home at 1.45 am they were greeted by the presenter holding a can of Stella Artois.
Janulis admitted to the officer that he had just been drinking from the can and would fail a roadside breath test. He did fail when breathalysed, so was arrested on suspicion of drink driving and taken to the police station.
Janulis provided an evidential specimen on breath containing 78 microgrammes of alcohol in 100 millilitres of breath, the prescribed limit being 35 microgrammes.
Given Janulis' version of events, it was little surprise that he was to rely on the so-called hip flask defence - e.g. he claimed to have consumed very little alcohol that evening; denied being wasn't over the limit at the time of driving; the positive breath test was solely attributable to the alcohol consumed after driving.
Magistrates rejected that version of events and Junulis was duly convicted.
The presenter, who has authored several children's science books, vowed to appeal because he did not want his name tarnished by the conviction.
Junulis appeared for an appeal hearing at Oxford Crown Court on Friday, 6th March 2020.
He recounted the same version of events to HHJ Nigel Daly sitting with two Justices.
After deliberating for half an hour Judge Daly told the courtroom: "There are a lot of inconsistencies.
"Frankly we do not believe this account.
"In conclusion we cannot accept the appeal."
Junulis will now have to pay the £660 fine, £66 surcharge and £750 prosecution costs originally imposed by the Magistrates, in addition to £650 for the appeal costs.
He was also disqualified from driving for 80 weeks, but his defence is considering a special reasons application.
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