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Drink driver refused to give breath sample

Drink driver refused to give breath sample

Saturday 04 August 2018

Drink driver refused to give breath sample

Saturday 04 August 2018

A driver who was pulled over in the early hours of the morning refused to give a breathalyser test when an officer smelt intoxicant on his breath.

Shaun Crozier, 30, was sentenced to six weeks in prison and a five year driving ban in court on Thursday.

Judge Graeme McKerrell said he simply did not believe Crozier's claims that he did not know it was an offence to refuse to give a breath test, because he felt the officer would have "bent over backwards" to inform the defendant of this fact.

While Crozier initially pled not guilty to not submitting to a breath test, he later changed his plea to guilty. His defence advocate asked the court to take into account the fact that his client had not been pulled over because he was driving dangerously, but rather because of the time he was driving home from his place of work - around 03:00. 

This all comes as the latest anti drink-drive campaign has been launched by the States and the Police, changing the focus from the older generations, who have previously been more culpable to driving while under the influence, to the younger generations.

His sentence was aggravated by the fact he has previously been convicted of drink driving while living in the UK in 2008. The first time he was given a driving ban, but then he drove again during that ban, earning himself a suspended prison sentence.

While the court did not have a breathalyser reading to compare to the usual scales that are used to help determine sentencing, Judge McKerrell said this was not a case where a suspended sentence would be suitable. 

Crozier's driving ban and prison sentence began on Thursday 2 August.

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Posted by Rosie Henderson on
I always thought, and I may be wrong, that the police were not empowered to pull someone over unless that person had committed an offense. Just because it was early in the morning isn't an offense - is it?
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