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Felixstowe driver banned for failing to give breath specimen

PUBLISHED: 10:00 03 June 2015

Motorist disqualified from driving after failing to give breath specimen

Motorist disqualified from driving after failing to give breath specimen

Archant

A motorist who refused to take a breath test has been disqualified from driving for 20 months.

Magistrates in Ipswich also ordered Clive Morris, of Rectory Lane, Kirton, near Felixstowe, to pay a total of £895 in court costs, charges and a fine.

The 59-year-old pleaded guilty to failing to provide a breath specimen.

Prosecutor David Bryant said the lead up to the offence began at around 9.30pm on May 15.

Police came across Morris seated in an Audi in Rectory Lane. The vehicle’s lights were on, the engine was running and the reversing lights were also on. The driver’s door was open.

When an officer spoke to Morris they could smell alcohol.

Mr Bryant said as Morris got out of the car and accompanied the officer Morris was stumbling and having difficulty walking in a straight line. A roadside breath test indicated a positive reading.

Morris was then taken to the police investigation centre at Suffolk Constabulary’s Martlesham headquarters.

The court was told although Morris initially appeared to refuse to provide a breath sample into the intoximeter he then agreed to do so. However, by that time the machine had timed out.

Morris was given a second opportunity.

He attempted to given a breath sample but did so incorrectly by sucking on the tube.

Magistrates heard that while waiting to make the second of the two attempts drivers are given Morris became agitated and asked for a glass of water.

When this was refused, as it was not allowed due to the possible affect on a reading, Morris refused to blow into the tube.

The court was told Morris was deeply embarrassed and ashamed, and the offence was totally out of character.


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