Motorist banned again for failing to provide breath sample

Friday 12 May 2023

A 48-year-old man who drove without having retaken test after a ban, and refused to provide a breath sample to police, has been sentenced to 120 hours of community service and banned from driving for another three years.

The Magistrate’s Court heard that Abdul Mohammed Rahman had been banned from the roads in 2019 for drinking and driving.

The disqualification period had elapsed but he had failed to retake his driving test, as required.

Advocate Sophie Lister, prosecuting, said that on the morning of 11 March Rahman went to police headquarters reporting he had lost his mobile phone.

The receptionist noticed that he smelt of alcohol and his eyes were glazed, and he was holding car keys in his hands.

She alerted officers, who later arrested him at his home. He gave a breath test there, which proved negative, but would not provide an adequate one at the station.

The court heard that Rahman had previous convictions for driving offences, but Advocate Chris Baglin, defending, said: "There is no evidence of any poor driving. He entered guilty pleas early."

Advocate Baglin argued for community service rather than prison, saying: "He wants the opportunity to go on assisting his family."

Assistant Magistrate Peter Harris agreed. He also put Rahman on probation for nine months and ordered him to retake his test after the new disqualification period has passed.