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Driver said 'no' to second test

A DRUNKEN man, found resting in the back of his car, gave a breath test which showed “a very high reading.”

A DRUNKEN man, found resting in the back of his car, gave a breath test which showed “a very high reading.”

But later at the police station he refused to give a second specimen, a court heard.

Unemployed Paul Anthony Gavigan, 42, of Brays Road, Sheldon, appeared before Nuneaton Magistrates on Tuesday (September 1), and admitted failing to provide a specimen of breath on August 22, without reasonable excuse.

Crown Prosecutor, David Everitt, said two special constables on duty in the early hours, saw a vehicle parked in a layby in Birmingham Road, Coleshill.

“He (Gavigan) was sitting in the back of the car, and said: ‘I couldn’t drive any more and decided to pull over.’”

Mr Everitt said although a roadside breath test showed “a very high reading,” he refused to provide a breath specimen at Nuneaton Police Station.

“He said ‘I only drove 100 yards’ – and that seemed to be his reason for failing to provide a specimen,” added Mr Everitt.

“He was very drunk.”

In mitigation, Solicitor, Sam Christopher, said Gavigan told him he had been asleep in the back of the car after “driving round earlier in the day looking for work.

“He said he was tired. He had an argument with a friend, and consumed alcohol while in his car.”

Mr Christopher added: “The reason he did not provide a specimen, he felt he had done nothing wrong.”

He stressed that Gavigan had failed to provide a specimen while in charge of a vehicle, and was parked in a layby.

Gavigan was fined £70, told to pay £85 costs, and a £15 surcharge to help witnesses and victims of crime, and banned from driving for six months under the “totting up” procedure.

He now has 13 points on his licence, 10 of which were imposed on Tuesday.

Presiding Magistrate, Ian Cronin, told him: “We accept that you had an honest, but unsustainable excuse for not giving a specimen.”

 

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