A court has heard how a car salesman’s ‘very poor choice’ at not providing police with a specimen has cost him his driving licence.
Carl Batty, 34, from Burneside near Kendal, Cumbria, drove to his estranged wife’s home on August 14 after their 14-year marriage had broken down, reported The Westmorland Gazette.
South Cumbria Magistrates’ Court was told that his wife contacted police when he arrived at her doorstep.
Officers later found Batty nearby, where he openly acknowledged having driven to the property.
Prosecutor Lee Dacre said: ‘They [police officers] could smell alcohol on his breath and asked him to complete a roadside breath test.
‘He complied and was arrested after providing a reading of 58 micrograms. The legal limit is 35 micrograms.
‘He was taken to Kendal custody where he was required to provide another reading. There were four attempts, but he did not blow for long enough for the machine to register.’
Magistrates were told that Batty had previously been of good character and held no prior convictions.
At his hearing, he admitted an offence of failing to provide a sample for analysis when first asked to do so on August 20.
In mitigation, defence solicitor Andy Gallagher said: ‘On this occasion, the defendant was going through a mental health crisis. The incident came following the breakdown of his 14-year marriage.
‘He had gone to the address in order to speak with his wife. She did not wish to speak with him and that is why the police were called.
‘He’d had a drink before going to the property and had drunk from a bottle outside the address before police arrived around one hour later.
‘This was not a deliberate act on his part. He is a car salesman. The disqualification for this offence is going to cause him some difficulties. The future is unclear whether he will maintain that job.’
Batty was fined £692 and banned from driving for 12 months. In addition, he was ordered to pay £85 in costs and a £272 victim surcharge.
Before passing the sentence, chair of the magistrates’ bench Charles Crewdson told Batty: ‘What you did was extremely foolish. You cannot remove your ability to think. You need to reflect and never be in this situation again.’