Drink-drive suspect banned from the road after failing to take breath test

Chesterfield magistrates' court.
Chesterfield magistrates' court.
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A suspected drink-driver who refused to provide a specimen of breath for a test has been banned from the road for 20 months.

Chesterfield magistrates’ court heard on December 6 how Michelle Smith, 51, of Station Road, Langwith Junction, had been seen by police blocking a carriageway of a road so officers stopped the vehicle.

Marianne Connally, prosecuting, said officers stopped the vehicle and Smith was suspected of being under the influence of alcohol after they claimed they could smell intoxicants. Smith was taken to the police station, according to Ms Connally, and said she has epilepsy but offered no further explanation as to why she would not take the test. The defendant pleaded guilty to failing to provide a breath specimen after the incident on November 18.

Rob Sowter, defending, said Smith, who apologises, had been driving around looking for her son who had gone missing. Magistrates also fined Smith £400 and ordered her to pay a £40 victim surcharge and £85 costs.