Failing to provide breath sample means highest ban

Monday 13 August 2018

A man who pleaded guilty to drink driving but failed to provide a breath test or sample to police has been given three and a half years off the roads and fined £1,000.

Shaun Ogden, 30, was also found to be driving the vehicle without insurance. In sentencing the judge noted that if someone refused to submit to a sample then he would suspect they were at the higher end of the limit and that the sentence would reflect that.

The court heard that at around 18:20 on 11 July a green BMW was seen driving from the Quay towards the Weighbridge. It was driving erratically and went through a red light.

At 18:50 officers located the car at the North Beach car park and while it was empty at the time they felt the bonnet of the car was warm, so waited. At around 19:00 the defendant Ogden returned to his car unsteady on his feet, but when officers asked him to supply a sample of breath he refused the road side breath test.

Police investigating this offence found that Ogden had also been driving without insurance.

In his defence his advocate stated that Ogden had admitted to drink driving despite not being found in his car. He was regretful of his decision to drive which had occurred following an argument with his partner and it was an emotional decision. It was further stated that his car insurance direct debit had been cancelled in June due to lack of funds and he was unaware of this as the letter went to his UK address having only returned to the island in May this year.

When sentencing for drink driving the calculations for the time off of the roads, any custodial sentence and any fines imposed are done by the amount of alcohol present at the time in conjunction with any other aggravating factors within the case.

If a person fails to give a sample then there is no benchmark with which to make this calculation and therefore within The Road Traffic (Drink Driving) (Guernsey) Law, there is a provision, so that if anyone fails to provide a specimen of breath or agree to a urine or blood sample to ascertain alcohol levels they are actually committing a separate offence. 

Thus, the courts take failing to provide a sample very seriously.

Recently in a separate incident, another man, Shaun Crozier, also 30, was sentenced to nine months in prison after failing to give a breathalyser test when he was pulled over.

Crozier claimed to not know it would be a further offence if he did not provide a sample, but the Judge said he was sure the police officer would have "bent over backwards" to ensure he knew. See the previous sentencing story here.

In Ogden's case, Judge McKerrell first addressed him on his lack of insurance, stating that it was his obligation and duty to let his insurance company know his change of address. He then spoke to Ogden about failing to provide a specimen of breath when asked.

Judge McKerrell said: "In failing to provide a reading that shows you are over the limit the court makes the assumption that you are at the higher end of the limit."

Ogden was disqualified from driving for three and a half years for failing to provide a sample and 18 months concurrently for no insurance.

He was also fined £700 for failing to provide a specimen and £300 for driving with no insurance.