Man ‘knew he was drunk’ so did not see point in breath sample

Court news. NNL-170524-154443005
Court news. NNL-170524-154443005

A 28-year-old man has been banned from driving for three years after admitting refusing to provide a breath sample for analysis because he ‘knew he was drunk’ so didn’t see the point.

Andrejs Zaicevs of Sunningdale Drive, Boston, admitted failing to provide the sample at the police station after he was arrested for giving a positive reading of 75 microgrammes of alcohol in 100 millilitres of breath at a roadside test in the early hours of March 29 in Woodville Road.

The legal limit is 35.

The court was told Zaicevs had a previous conviction for drunk driving in 2011.

Mitigating, Mark Hudson said he didn’t ‘because the police were telling him he was drunk so what was the point of providing a breath sample’.

Mr Hudson said Zaicevs view was that ‘he knew he was guilty and he would be pleading guilty in court’.

The magistrates said they had an indication of the level of his intoxication at the roadside and that he had a previous conviction for driving with excess alcohol, so they banned him for three years, but offered him the drink drivers’ rehabilitation course, which will reduce the period of the ban by 36 weeks.

He was also fined £315 and ordered to pay £116 in costs and charges.