Ollerton man ‘couldn't be bothered’ to provide a breath sample after police challenge

An Ollerton man "couldn't be bothered" to provide a breath sample after police challenged him at a McDonald's drive-through, magistrates have heard.
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Takeaway staff tipped off police about a suspected drink-driver at 2.25am on March 31, said prosecutor Catherine Wilson.

Darren Toomer admitted drinking and gave a breath reading at the roadside of 73 microgrammes of alcohol when the legal limit is 35 microgrammes.

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But he "flat-out" refused to provide an evidential sample of breath at the police station, and told officers: "I'm not doing owt mate."

Mansfield Magistrates court, Rosemary Street.Mansfield Magistrates court, Rosemary Street.
Mansfield Magistrates court, Rosemary Street.

The court heard he has 12 previous convictions, including two for driving with excess alcohol from 2006 and 2012.

Ian Pridham, mitigating, said Toomer had been drinking at home and fell asleep before waking up hungry and going out to buy food.

"He didn't see the point of completing the test," said Mr Pridham. "He knew he was guilty of the offence and said he couldn't be bothered.

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"He didn't do himself any favours. He realised the inevitable and knew he was going to be over the limit. He fully intended to plead guilty."

He said Toomer, a groundworker, won't lose his job but he is the designated driver for his family.

Toomer, aged 50, of Petersmith Drive, Ollerton, admitted failing to provide a specimen of breath when he appeared at Mansfield Magistrates Court, on Tuesday.

He received a 12-month community order with 100 hours of unpaid work. He was disqualified for 18 months but a rehabilitation course could reduce the ban by 25 per cent.

He was ordered to pay £85 costs and a £114 surcharge.