A Nottinghamshire man refused to provide an evidential specimen of breath, having been arrested on suspicion of drink driving.
Darren Toomer, 50, of Petersmith Drive, Ollerton, admitted an offence of failing to provide a specimen of breath for analysis when he appeared at Mansfield Magistrates' Court on Tuesday, 16th April 2024.
Failing to provide a specimen for analysis is an offence under section 7(6) of the Road Traffic Act 1988. The maximum penalty on summary conviction is 26 weeks' custody and/or an unlimited fine. The offence also attracts a mandatory period of disqualification.
Magistrates heard that Toomer, a groundworker, had fallen asleep having consumed alcohol at home on the evening of Saturday, 30th March 2024. A short time later, now into the early hours of Sunday, 31st March, he awoke with the munchies and embarked on the short drive to McDonald's on Newark Road, Ollerton.
Catherine Wilson, prosecuting, told the court that Toomer used the drive-through to purchase a balanced, nutritious early morning snack. Staff were concerned that he presented as being drunk and reported their suspicions to the police.
Officers attended the scene a short time later and had cause to breathalyse Toomer. Toomer failed the roadside breath test, providing specimen containing 73 microgrammes of alcohol in 100 millilitres of breath.
This preliminary reading, which cannot be used for the purposes of prosecution, indicated Toomer was at least twice the prescribed limit of 35 microgrammes of alcohol in 100 millilitres of breath. He was duly arrested and taken to the police station.
In custody the 50-year-old "flat out" refused to provide an evidential specimen of breath, telling the officer "I'm not doing owt mate".
The court heard that Toomer had two previous drink drive convictions dating back to 2006 and 2012.
Explaining his client's behaviour, Ian Pridham, mitigating, said: "He didn't see the point of completing the test.
"He knew he was guilty of the offence and said he couldn't be bothered.
"He didn't do himself any favours. He realised the inevitable and knew he was going to be over the limit. He fully intended to plead guilty."
Deliberate refusal to provide, as in this case, is considered a higher culpability offence by the court. That being the case offences like this are invariably sentenced within the community or custody bands.
On this occasion Magistrates were of the opinion that Toomer's offence was serious enough to merit a community order.
He was made subject to a 12-month community order, with the requirements that he completes 100 hours' unpaid work.
He was also ordered to pay £114 surcharge and £85 towards prosecution costs.
Toomer was disqualified from driving for a period of 18 months, but Magistrates gave him the chance to reduce this by 18 weeks by successfully completing the drink-drive rehabilitation course.
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