A suspected drink-driver who refused to provide a breath test in the “misguided” belief he would receive a lesser sentence when taken to court has been ticked off by a magistrate.
Jack Airey, 25, came to the attention of two police officers on mobile patrol in Penrith at around 1.45am on November 13.
He was in a silver van which pulled out of Castle Drive on his way home to Lady Anne Court, off Bridge Lane. As police followed, he drove through a red light and was seen weaving in and out of his lane.
Airey pulled over for officers when requested but twice refused to provide a breath test at the scene. A third refusal followed after he was arrested and taken into custody at Carlisle.
At Carlisle magistrates’ court, Airey admitted failing to provide a breath specimen for analysis. Airey’s solicitor said the defendant had previously been told by someone that, if he ever found himself in such a situation, “the best advice is not to give a sample because that will get a lesser penalty”.
“He stuck to that,” said Steven Marsh, defending. As it turned out, though, Airey had drunk some bottles of beer with a friend over a considerable period of time, and the penalty he faced was “more severe than just cooperating and providing the sample”, added Mr Marsh.
A self-employed bricklayer with a mortgage, Airey feared a driving ban could have a “significant impact” on his work. He was disqualified for 17 months and must complete 60 hours’ unpaid work as part of a 12-month community order.
Magistrate Gill Robinson told him: “Deliberate refusal to provide a breath specimen: not a good idea and you’ve probably learned that to your cost.”
