Driver refused breath test after early morning Ipswich crash

PUBLISHED: 10:09 12 November 2015 | UPDATED: 10:09 12 November 2015

Driver banned after failing to provide breath specimen

Driver banned after failing to provide breath specimen

An Ipswich driver who refused a breath test after a car crash has been banned from the road.

Tomas Macijauskas, 27, of Fore Hamlet, admitted failing to provide a breath specimen when he appeared before South East Suffolk Magistrates Court.

Prosecutor Simon Bravery said the incident occurred at 3.50am on October 18 when officers went to the scene of a collision between a wall and a car in Star Lane, Ipswich.

They noticed a black Ford had crashed near the NCP car park.

Mr Bravery said there was damage to a lamppost and the car was around 20 feet away with two men hiding behind a wall.

Both men smelled strongly of alcohol, magistrates were told.

However, neither initially admitted being the driver of the car, although after a while Macijauskas said it had been him.

He was asked to take a roadside breath test, which he refused to do. He also declined another request to do so when he was taken to the police investigation centre.

Nicola Pope, representing Macijauskas, conceded her client’s car had hit a wall, but added there was no damage to a lamppost.

Ms Pope said: “He says when he had the accident another car stopped and (the occupant/s) helped him push it away from the wall.”

Macijauskas then sat down and was getting his breath back when police arrived.

The Lithuanian-national said he did not think he had to provide a breath specimen and was then taken to the police investigation centre.

The court was told he was confused at the time and still did not believe he had to give a breath sample.

The warehouse worker had picked a friend up from a pub before the accident occurred.

Macijauskas was disqualified from driving for 12 months and fined £260. He was also ordered to pay £85 costs, £26 to the victims’ fund and a criminal courts charge of £150.

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