The Magistrate’s Court heard that Lee Gerald Herbert was arrested at his home on 24 September, after Police suspected he had been driving on Trinity Hill while over the legal alcohol limit.

He was breathalysed at his home but refused to be tested again by the machine at the police station.

Herbert admitted the offence of failing to provide a specimen for analysis, and Advocate David Bell, defending, said: “Mr Herbert wishes to offer a sincere apology.

“He is genuinely ashamed and embarrassed. He regrets letting himself and others down.”

Breathalyser.jpg

Pictured: Herbert man was breathalysed at his home but refused to be tested again by the machine at the police station.

He added: “Mr Herbert was asleep when police entered his home, and when he was woken up he provided an initial breath sample, for a roadside breath test. This was not a complete refusal to comply.

“He can see that he would have been better off giving a specimen at the station.”

He also said that Herbert had no previous convictions and was considered at low risk of re-offending.

Relief Magistrate David Le Cornu ordered that he must retake the driving test after the disqualification period before he can drive again.