A SELLAFIELD worker who crashed into a parked car while over four times the drink-drive limit would be unable to wear an alcohol tag with his work boots, his defence solicitor said.

Jordan Herve, 32, was seen getting out of his vehicle after driving into a parked car at High Lea in Egremont on March 13, Workington Magistrates’ Court heard.

Pamela Fee, prosecuting, said the defendant was identified as being drunk. He smelled of intoxicants, was slurring his words and was unsteady on his feet.

A roadside breath test showed he had 147mcg of alcohol in 100ml of breath. The legal limit to drive is 35mcg.

Herve was arrested and taken to the police station. He was asked to provide a sample of breath but  made no attempt to blow on the device. He failed to provide on further attempts.  

The defendant was asked if there was any medical reason why he couldn’t provide a sample of breath. He said he had bad mental health and PTSD.

Herve was told he was going to be placed in a safety suit and then threw one of his shoes at the police officer. He had to be pava spayed and cell inserted.

Ms Fee said it was a “deliberate refusal” to provide a sample of breath for analysis. She said the officer had demonstrated and explained the procedure but the defendant gave no samples.

She said the roadside reading was a good indicator of how drunk Herve was. He was over four times the drink-drive limit.

Ms Fee said the offence was aggravated by the fact there was an accident and an unacceptable standard of driving. 

Herve’s probation officer said the defendant had expressed shame and embarrassment and had shown remorse towards the police officers for his behaviour.

The court heard that he refused to provide a sample of breath due to the implications on himself and fear of losing his licence. 

The probation officer said recent family trauma had been a trigger to alcohol use prior to the offences and he made the decision to drive to a work colleague’s house in Egremont.

She said the defendant had anxiety and PTSD from serving in the armed forces but appeared to be taking some positive steps and was motivated to make changes.

The court heard he is employed as an electrical tester at Sellafield and his employer was aware of court proceedings and had been “supportive”.

The probation officer said there were concerns about an alcohol tag and if it would be able to fit over his work boots.

John Cooper, defending, said: “He knows how serious it is. He is ex-armed forces. He is well-travelled with the army.

“Last time he was in trouble a few years ago, he was given a suspended sentence, which he complied with.”

Mr Cooper said there was “no way” a tag could be worn with anything other than trainers.

Herve, of Newlands Park, Dearham, Maryport, pleaded guilty to failing to provide a specimen for analysis and violent behaviour at a police station.

Passing sentence, magistrates said Herve had been given credit for his guilty plea and they had taken into account his personal circumstances and mental health issues.

The fact there had been an accident, it was in a residential street, and there had been an unacceptable standard of driving, were aggravating factors.

But in mitigation, Herve had shown genuine remorse, taken full responsibility and given timely guilty pleas.

Magistrates felt the custody threshold had been crossed and imposed an eight-week suspended prison sentence.

Herve was banned from driving for 33 months, to be reduced by 33 weeks, if he completes the drink-drivers’ rehabilitation course.

He must complete 20 rehabilitation activity requirement days and 100 hours of unpaid work. He must also pay £85 costs and a £154 victim surcharge.

Magistrates felt the alcohol abstinence monitoring tag was “not practical”.

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