Scunthorpe driver banned for 16 months after what judge calls significant error
A DRIVER who had only passed his test 11 months previous, failed a roadside breath test after a crash, a court heard.
David Hornsby, of Conference Court, Scunthorpe pleaded guilty at North Lincolnshire Magistrates' Court to driving without due care and attention and failing to provide a urine sample.
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Jayne Wilson, prosecuting, said Hornsby, 28, was involved in a crash with a Mercedes on December 10 in Burringham.
He was breathalysed at the roadside and gave a positive reading.
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Due to a malfunctioning breathalyser machine and a fear of needles, Hornsby opted for a urine sample, something he was later unable to give.
Jason Nicholson, mitigating, said the Peugeot 206 he was driving had been written off and due to him being in-drink the insurance would not pay out.
District Judge Daniel Curtis said Hornsby had made a "significant error of judgement".
Hornsby was given a £250 fine, banned from driving for 16 months and ordered to pay £85 costs and a £25 victim surcharge.
Comments
by gordonio
Monday, January 07 2013, 4:20PM
“That's not a bad result though Tony, fined £360, 16 month ban, and now no vehicle, plus his insurance premium will go through the roof next time too.
December 11th is on the run-up to Christmas, perhaps the Police should have made sure their breathalyser equipment was in full working order, or had a spare just in case of a breakdown, Hornsby played the system, but I don't think he necessarily won.”
by TonyGr
Monday, January 07 2013, 3:52PM
“"Fear of needles" Is this just a a way of avoiding a drink driving charge? If so it would appear to have succeeded as the charges were careless driving and failure to provide a sample.”