M5 'swerving' driver refused to give breath sample

Taunton Magistrates Court <i>(Image: Seth Dellow)</i>
Taunton Magistrates Court (Image: Seth Dellow)
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A van driver who refused to give a breath sample after he was reported for swerving across the M5 will be sentenced next month, writes Phil Hill.

Stuart Kent, 45, from Benfieldside, Durham, appeared at Taunton Magistrates’ Court charged with driving a vehicle without due care and attention, for failing to cooperate with a preliminary test and for failing to provide a specimen for analysis on Monday, December 15.

He pleaded guilty to the offences and has been given an interim driving ban before he is due to be sentenced at Newcastle Magistrates’ Court on Tuesday, January 27.

The charges relate to an incident involving a suspected drink driver who was travelling southbound on the M5 from Avonmouth at around 8.55pm on Sunday, November 30.

The vehicle, a Vauxhall Vivaro panel van, was described as swerving and unable to be driven in a straight line, at times travelling close to other vehicles and narrowly avoiding several collisions.

Officers who arrived at the scene described the vehicle as “swerving between lanes” and were concerned the driver was under the influence of alcohol.

Pre-emptive tactics and a stinger device were then used to stop the vehicle in the interests of public safety near Taunton Deane Services.

The driver smelled strongly of alcohol and refused to provide a roadside breath sample while in the back of a patrol car, and he was subsequently arrested.

Kent was taken to Bridgwater custody unit, where he refused to provide a further sample of breath for analysis without providing a medical reason.

PC Nick Steele, of the Avon and Somerset roads policing unit, said: “If you drink or drug drive and you are involved in a collision, you are much more likely to lose your life or kill somebody else, and I think that message really does need to sink home with some people.

“Most people need a car to get to work and a driving licence to do their jobs, and if you lose that licence it will mean having a very uncomfortable conversation with a supervisor or a manager because you cannot fulfil that role.

“If you fail to provide a sample, you will be charged with that offence which can be as serious as drink driving itself.”

*As of today (Tuesday, December 23), Avon and Somerset Police have arrested a total of 181 people on suspicion of drink or drug driving since launching the force’s annual month-long Christmas roads policing operation on Monday, December 1 – up on the 148 arrests made in the same period last year.

Avon and Somerset’s roads policing team will be carrying out proactive roadside checks and talking to motorists about the dangers of drink and drug driving, which has been the core factor in 25 per cent of all fatal collisions so far this year.

Officers are urging people who live in Avon and Somerset’s villages, towns and cities to report those they suspect are getting behind the wheel while intoxicated or under the influence of drugs.

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