The case against a Swindon woman has been dismissed when the prosecutor was unable to offer any evidence.
Pavandeep Rana, 30, of Welbeck Close, Park North, Swindon, had been charged with failing to provide a specimen of breath for analysis and driving without insurance.
It is nice to see the Swindon Advertiser reporting a case like this, where the prosecution does not succeed.
The court heard that Rana's Mercedes A class had been stopped by police on the town's Wootton Bassett Road on Christmas Day last year.
Suspecting her of being under the influence of either drink or drugs, the officers required her to provide a specimen of breath at the roadside, which she failed to provide.
She was arrested and taken to Gablecross Police Station, where she again failed to provide a specimen of breath for analysis, citing asthma as the reason. She also refused to give a specimen of blood, saying that she had a phobia of needles.
Despite that possible defence being raised at the police station, the officer dealing with the case failed to note it on the paperwork.
The case was listed on Tuesday, 30th March 2021, but prosecutor James Burnham said he had no evidence to proceed. Clutching at straws, Mr Burnham asked District Judge Joanna Dickens to adjourn the case for a month.
"It's just not acceptable. The defendant (Rana) has attended court today expecting the case to at least make progress." He added that he was embarrassed by the case, saying the police had "dropped the ball".
Charlotte Frizell, mitigating, opposed Mr Burnham's application, saying that the file should have been ready for the case to proceed.
The Judge agreed, which left the prosecutor unable to offer any evidence.
Addressing Rana, the Judge said: "The charge is going to be dismissed. That's the end of it."
Cases like this infuriate me. The outcome could have been quite different had the police bothered to get the paperwork in order.
Hopefully the manner of Rana's driving won't attract the attention of the police in future.
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