Motorist who claimed he had only two gins and refused to give sample to police is banned for 18 months

Ballymena Court

A motorist smelling of intoxicating liquor who refused to provide preliminary and evidential specimens to police claimed he had only two gins after earlier visiting a friend and claimed he may have been under the limit.

However, at Ballymena Magistrates Court, District Judge Nigel Broderick, said the difficulty with defendants who don’t provide samples was that the court had no way of ascertaining the level of alcohol and he banned Raymond Burns for 18 months and fined him £300.

The 23-year-old defendant is from Whinsmoor Park, Broughshane, and the offences related to June 29 this year.

He was also found to be in possession of a small amount of cannabis.

Defence solicitor Stewart Ballentine said the defendant was trying to charge a phone in a lighter socket in the car which had caused him to swerve on the date in question.

The lawyer said the defendant indicated he couldn’t give samples as he was having “breathing problems”.

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