Sutton builder might have escaped ban after breath test stop

Mansfield Magistrates Court.
Mansfield Magistrates Court.

A Sutton builder who refused a breath test after he was stopped by police for drink driving might have escaped a ban, a court has heard.

Paul George Day, 48, of Ashleigh Avenue, admitted failing to provide a specimen for analysis when he appeared before Mansfield magistrates on Wednesday.

The court heard his car was stopped for speeding on Forest Road, in Sutton, at 11.20pm on November 3, and he failed the roadside breath test after drinking lager earlier in the evening.

Debra Bell, mitigating said: “He was very disappointed to fail the breath test which is why he didn’t take the formal intoxilyser test. He thought he was going to be charged.

“He didn’t do himself any favours because his reading could have fallen below the legal limit by the time of the test.”

Day had a similar offence from 2001, the court heard.

Magistrates fined him £461 and ordered him to pay a victim surcharge of £46 and costs of £85.

He was banned for 17 months but magistrates offered him a drink-drive rehabilitation course which will reduce the disqualification by 25 per cent if he completes it before October 13 2017.