Driver banned after refusing breath test until solicitor called


The manager of a recruitment agency, who had been arrested on suspicion of driving with excess alcohol, refused to give a sample for analysis until he could get legal advice, a court has heard.

But, magistrates at Skegness were told, he was not allowed to do this just because police had not been able to contact his solicitor, despite ringing twice.

Aiden Gareth Jones, 35, of The Old Vicarage, Cabourne near Caistor, admitted failing to provide a specimen of breath after he was stopped by police as he left the Kenwick Park Hotel near Louth at around 11pm on June 8.

Nick Todd, prosecuting, said the police twice telephoned Jones’ solicitor but there was no answer and so they told him he had to give his sample, but Jones refused and was charged.

Gordon Holt, mitigating for Jones, said that it was an “honestly held mistake” that as he had been offered legal advice which was not forthcoming, he was entitled to refuse to give the sample. Mr Holt said that Jones had made the “wrong decision.”

He said that Jones had been to the Kenwick Park Hotel and had only travelled about 100 yards before he was stopped.

He said he was the branch manager of a recruitment agency in Grimsby which recruited workers for the South Bank industries but that his employer would be providing him with a driver during the length of his disqualification period.

Jones was disqualified from driving for 14 months but was offered the drink drivers’ rehabilitation course, which would reduce the period of disqualification by three months.

He was also fined £600 and ordered to pay £85 in cots and a £60 victim surcharge.