Ban for driver who refused breath sample after reported 'near miss'

Friday 16 August 2024

A man who would not provide a breath sample after police received reports of his car narrowly missing a pedestrian and road bank has been given a driving ban and community service.

35-year-old Rollo Churton, who appeared in the Magistrate's Court this week for sentencing, failed to provide his driving licence and insurance documents within a week of his arrest, for which he was also fined £300.

The Magistrate's Court heard that officers had received reports about concerning driving through St Brelade on the evening of 27 July.

St Brelade Centenier Amanda Wright, prosecuting, said the police went to the house where Churton was staying and added: "They did form the impression that he was the driver and they did form the impression that he was drunk."

But he refused to provide a breath sample, telling them: "You can ask as much as you like, but I won't be providing."

He was taken to police headquarters and Ms Wright said: "He became argumentative and still refused to provide a breath sample."

The court heard that Churton had been living in Indonesia before coming to live with family in Jersey and only possessed an Indonesian driving licence.

Advocate Paul Nicholls, defending Churton, conceded: "There was no reasonable excuse for behaving as he did.

"He apologises for not being more co-operative with the police."

As well as a 21-month ban and 90-hour community service order, Relief Magistrate Peter Harris said Churton must retake his driving test before being allowed to drive again.