A man failed to provide a sample of breath to a police officer after he was stopped driving his mother’s Mercedes, a court heard.
Richard Martin, 45, was pulled over by police after they were concerned about his manner of driving in Great Western Way on 19 September last year.
Prosecutor Kate Prince told magistrates in Swindon that the defendant, of Lennox Drive, admitted drinking alcohol to officers but then refused to take a breathalyzer test.
He also refused to give officers his name, but his identity was confirmed in custody – where he then refused to take the evidential breath test despite being given several opportunities.
It was found the silver Mercedes C Class he was driving belonged to his mother, who told police she allowed him to use her car but presumed he had his own insurance. But he didn’t at the time, Ms Prince said.
He pleaded guilty to failing to provide a specimen of breath for analysis and driving without insurance.
The court heard this was Martin’s second drink-driving related offence in ten years having been convicted in 2016.
Defending, advocate Mr Gordon Hotson said his client accepts he refused to provide a sample of breath but this was because the officers who stopped him said it was due to an ‘aggressive overtake’, which he disputed. This led to an argument.
“This got his back up and he flatly refused to provide”, Mr Hotson said. Adding: “He accepts it was a foolish thing to do.”
He said the defendant is a self-employed roofer, single and living with his parents but has three teenage children – for which he doesn’t pay maintenance but pays bills for them ‘as an when’, he confirmed from the dock.
Hearing that Martin is subject to a Post Sentence Supervision Order following a 13-week spell in prison for a domestic assault in January this year, magistrates decided against imposing a community order.
He was fined £950 and disqualified from driving for three years. The disqualification can be reduced by 274 days if he completes a drink-drive rehabilitation course at his own cost.
Martin must also pay costs of £85 and a victim surcharge of £95.
