South Normanton driver banned after snubbing breath test

Chesterfield magistrates court.
Chesterfield magistrates court.

A motorist who refused to take a drink-drive breath test after he was stopped by police has been banned from driving.

Chesterfield magistrates’ court heard on Friday, August 14, how Phillip Haywood, 54, of Woodfield Road, South Normanton, Alfreton, was stopped by an off-duty officer who saw him driving with the front bumper of his car hanging off.

Prosecuting solicitor Ian Shaw said: “The off-duty officer was aware of the vehicle being driven with a damaged bumper hanging off.”

Mr Shaw explained the off-duty officer saw the vehicle around Market Place, Belper, with a woman and another male inside.

The officer approached Haywood, according to Mr Shaw, but the defendant did not get and because he looked oblivious the officer took the view he may have been drunk.

Mr Shaw added the off-duty officer attempted to turn off the ignition but a female from the car snatched the keys.

Haywood told the off-duty officer he had not been driving and said he was going as they waited for uniformed officers.

The defendant continued to refuse to co-operate at the police station and refused to provide a breath specimen.

Defence solicitor Peter Jones said Haywood regrets his actions and he had been to a pub in Pentrich and had a glass of wine before travelling to Belper.

Mr Jones added he was not convinced the off-duty officer was a policeman and after he had been stopped he went on to consume more alcohol and therefore believed he did not have to give a specimen.

Haywood pleaded guilty to failing to provide a specimen and to obstructing a police officer after the incident on June 28.

Magistrates sentenced Haywood to a 12 month community order with 60 hours of unpaid work and ordered him to pay £295 in costs and charges. He was also banned from driving for 20 months.