Lorry driver's two-and-a-half year ban for failing to provide specimen
January 31, 2013
A lorry driver has been banned from driving for two and a half years after failing to provide a specimen following an accident.
Phillip Hardy, 32, was found by police ‘propped up’ against a
lamppost, caked in blood and clearly under the influence of alcohol.
But despite being in possession of the keys to the damaged car – where blood was found on the driver’s seat – Hardy, of Nine Mile Ride, Crowthorne, claimed his friend had been behind the wheel.
A roadside breath test revealed he was almost three times the drink drive limit and upon his arrest, he refused to provide a specimen at police interview.
Hardy admitted failing to provide a specimen at Aldershot Magistrates Court last Thursday.
Serena Edwards, prosecuting, said the incident took place shortly after 10pm on January 4, in Blackwater.
She said: “There was damage to the front of the vehicle and the defendant was found next to the car, propped up against a lamppost, but stressed a friend had been driving.”
CCTV footage later failed to reveal who was driving.
Hardy gave a roadside reading of 94 microgrammes of alcohol per 100 millilitres of breath – the legal drink drive limit is 35 microgrammes of alcohol per 100 millilitres of breath.
But at police interview, he was ‘irrational’ and ‘uncooperative’ and became verbally abusive when asked to give another specimen.
Mrs Edwards told the court he started shouting ‘I have done a roadside test, you’ve got what you want – I have human rights’ before he was led off to a cell where he banged on the door and swore at officers.
Defending himself, Hardy admitted he had been ‘a bit of an idiot’ at the police station, adding: “I wish I had given the sample, but I wasn’t driving.
“I’m a lorry driver – driving is my livelihood.
“I live out in the sticks too so I’ve only made my situation worse.”
District judge Philip Gillibrand said Hardy’s actions amounted to a ‘deliberate refusal’.
“I can see why I was difficult,” said Hardy. “I was adamant I wasn’t driving but I think I would have given it if I had been sober.”
Stressing he had to take the facts into account, Judge Gillibrand banned Hardy for 30 months and fined him £110, he was also ordered to pay £50 costs and a £20 victim surcharge.