A SUSPECTED drink driver who failed to give police a breath specimen and then threatened an officer has been given a curfew and a ban.

The defence lawyer who represented Aspatria man Michael Vailionis, 35, described how he had overcome a devastating accident in 2015 which had left him unable to use one of his arms. His offences were entirely out of character," the court heard.

Andy Travis, prosecuting at Carlisle’s Rickergate court, said the defendant’s former partner alerted the police on Saturday, November 13.

She reported that the defendant had arrived at her home, clearly under the influence of alcohol, and after behaving abusively he left in his VW Passat car. In the meantime, police received a report of a crash involving that car.

It happened on the road between Aspatria and Silloth.

Police arrived to find that the car was crashed into a hedge and the defendant was standing on the road by his crashed VW Passat. “Upon the police’s arrival, he was obstructive and aggressive,” said Mr Travis. 

As the officers spoke to him, Vailionis pushed one of them to the shoulder. At Workington Police Station, he refused to give a breath sample.

When he was told he was being arrested on suspicion of being unfit to drive through drink or drugs, the defendant made a “significant” comment, saying to the officer: “Who do you think you are, big man?

“I’m looking for my brother; he could be hanging off a tree and you’re doing nothing. Wait till you are out of uniform and I’m coming to bite your nose off.” In a later interview, the defendant apologised.

He insisted he had meant nothing by his comment and accepted that it was not a reasonable thing to say, adding: “Tell the officer I am sorry.” Vailionis went to explain that his behaviour was out of character, referring to his mental health.

He said he had found the situation after he was taken into custody “confusing.” He pleaded guilty to police assault and failing to provide a breath speciemen without a reasonable excuse when required to.

Lucy Redshaw, defending, said that after the defendant’s catastrophic accident some years ago he had suffered because of drug and alcohol issues but he had now effectively turned a corner.

“He no longer uses drugs and alcohol,” said the lawyer.

The defendant understood he was about to lose his job as a HGV driver as a result of the ban he faced but he had already found new employment as a forklift truck driver; and his old employer had said he was willing to take Vailionis back when the ban he faced has expired.

In an earlier hearing, the lawyer had said the defendant’s long-standing arm injury – the result of an accident in 2015 - had left the limb with “limited function,” which amounted to almost total paralysis.

He had also suffered from depression.

The lawyer said: “It is a real credit to him that he is in full-time work and has worked his way up to being a HGV driver. He will, because of the failure to provide, lose his employment.”

Miss Redshaw said the defendant, of Queen Street, Aspatria, had been brought to court by his mother, though she had chosen to wait for him outside the court because being in the hearing would be too upsetting for her.

District Judge John Temperley said the two offences merited a community order.

As punishment, he imposed a 12-week order, which includes an 8pm to 6am curfew for that whole period. Vailionis was banned for 18 months. He must also pay £200 compensation to the officer he pushed as well as a £95 victim surcharge and prosecution costs of £400.