Distressed motorist is banned from the road after she refused to a take a drink-drive breath test

Chesterfield magistrates’ court on June 18 how Emma Jean Bates, 41, if Birkin Lane, Grassmoor, Chesterfield, was brought to the attention of police by the defendant’s brother and they found her parked up.

Prosecuting solicitor Becky Allsop said: “A relative attended the police station to report Ms Bates was to be driving her vehicle and would be over the limit.

“It was reported she had stopped to buy alcohol and was driving to Alfreton.”

Mrs Allsop added that police found Bates parked up at Market Street and when they arrived they saw a relative at the scene and Bates was in the passenger seat and appeared distressed.

Police stated that Bates had glazed eyes and she was asked to provide a sample of breath and she was struggling to speak clearly and there had been a report that there was a bottle of vodka in her bag.

Mrs Allsop added that Bates refused to give a roadside breath test and she further refused to do so at the police station.

Former credit controller Bates, who has a previous conviction for drink-driving, pleaded guilty to failing to provide a drink-drive breath specimen at Clay Cross after the incident on June 4.

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Defence solicitor Karl Meakin said Bates has on-going issues with alcohol linked to a relationship but she is seeking support.

He added: “It’s a time of turmoil in her personal and professional life.”

Mr Meakin said on the day in question Bates had started a new job but took Diazepam to calm her nerves but she had appeared intoxicated so she was dismissed and she bought a bottle of alcohol which she drank.

Bates called her brother, according to Mr Meakin, who alerted the police out of concern.

Magistrates adjourned the case to consider a probation report and sentenced Bates on June 19 to a 12 month community order with a Drink Impaired Drivers Programme, a Rehabilitation Activity Requirement and 40 hours of unpaid work.

She must also pay an £85 victim surcharge and £85 costs.

Bates was also banned from driving for three years.