“Slurring” Derbyshire woman was “guided” from her car after crash into ditch

A Derbyshire woman who was “guided” from her car with slurred speech after crashing it into a ditch failed to “correctly exhale” afterwards and provide a breath test, a court heard.
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Kerry O’Brien, 58, tried to provide a breath sample “four times” at a police station, her solicitor said, however the results were “unreadable”, Chesterfield Magistrates Court heard.

As a result she was charged with failing to provide a specimen for analysis following the crash on June 9.

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Prosecutor Becky Allsop said around 5.15am police were flagged down by a member of the public.

Kerry O’Brien, 58, tried to provide a breath sample “four times” at a police stationKerry O’Brien, 58, tried to provide a breath sample “four times” at a police station
Kerry O’Brien, 58, tried to provide a breath sample “four times” at a police station

She said: “They saw a vehicle come off the road and was resting in an embankment - Ms O’Brien was still in the driver’s side.

“She was guided from the vehicle with slurred speech and was struggling to maintain her balance.”

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However, later at Ripley Police Station O’Brien failed to provide a sample of breath - the court heard the care worker had no previous convictions.

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O’Brien’s solicitor said her client had been driving home from her partner’s house that morning when she “came across a sharp bend”.

She added: “The bend was not an obvious one and came extremely sharply - the reality is Ms O’Brien was overwhelmed by the whole experience.

“She did not understand that the reading was not being provided properly.”

O’Brien, of Clay Lane, Newlands, Heanor, admitted failing to provide a specimen for analysis.

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She was banned from driving for 18 months, handed a £750 fine, £75 victim surcharge and £85 court costs.

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