Deryshire motorist who refused breath test because he had not driven is banned

Matthew Walker, 24, was seen walking away from his car by police who were called out to reports of an “intoxicated man attempting to drive”.

Prosecutor Rosie McDaid told Chesterfield Magistrates Court how on February 26 police took him into custody - where he again refused the test.

However Annis Rowlands, Walker’s solicitor, said: “He refused to provide a sample because to his mind he had not been driving.”

She described how that night Walker had left the Chesterfield flat where he had been staying “because of a fallout”

Ms Rowlands added: “This left him high and dry, having taken drink that evening – so he goes back to his vehicle and in the meantime a member of the public has telephoned police.

“People don’t appreciate the legal requirement to provide a specimen of breath and go on to raise a defence thereafter.”

The solicitor said aerospace engineer Walker relied on his car to get to work and a driving ban would come at a “great cost”.

However, banning him for a year, a magistrate told him: “It was a daft thing to do wasn’t it. You’ve learned something haven’t you - that you cannot refuse to take a breath test.”

Walker, of New Terrace Pleasley, admitted failing to provide a specimen for analysis.

He was also fined £230 and made to pay £85 court costs and a £34 victim surcharge.

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