Suspected Carlisle drink driver refused police breath test

Carlisle's Rickergate court heard that 29-year-old Daniel Storey smelled strongly of alcohol when police officers checked him out and there was an empty can of Stella lager in the van's door.

When he got out of the van, he was visibly unsteady on his feet, said prosecutor Peter Kelly.

The defendant, of Oaklands Drive, Upperby, Carlisle, admitted failing to provide a specimen when required to by police officers.

Mr Kelly outlined how the defendant came to the attention of police on October 23 when members of the public reported their concerns about him and his stationary van.

"The van had stopped in the junction and was not moving," said Mr Kelly. "The defendant said he was trying to get it into gear but he couldn't."

As soon as he had stepped out of the van, said Mr Kelly, Storey was clearly swaying on his feet and when asked to provide a breath specimen for a test he did not do so.

He also had to be told a number of times that he was not allowed to smoke as he asked for a cigarette.

At the police station, he again refused to take part in a breath test procedure, said Mr Kelly. "He simply refused," said the prosecutor.

From the dock, Storey told District Judge John Temperley: "I just want to say that I'm really sorry for what happened. I'll learn from my mistake. I hadn't had much but the fresh air hit me.

"It won't happen again."

A probation officer who interview Storey said that he had expressed "genuine remorse" and reported that since the offence he had not touched a drop of alcohol.

She concluded that the prosecution had given him a shock but there was nothing to suggest he needed Probation Service intervention.

Judge Temperley noted that it had been a deliberate refusal to take the test.

The judge imposed a 12-month community order with 120 hours of unpaid work. He banned Storey from driving for 18 months, and ruled that he must pay £85 costs and a £95 victim surcharge.