But carpet fitter Stefan Carrel, of Charles Street, was not banned from driving, as it was accepted that when arrested he did not have the keys for his car, had not driven and had no intention of driving.
Assistant Magistrate Peter Harris said that the peculiarity of the offence was that there would have been no case if Carrel had complied with police requests and given a sample of breath.
Legal adviser Susie Sharpe said a member of the public called the police to La Collette Flats just before 1 am on 17 June, as they had seen a white Vauxhall Vivaro with minor damage.
The vehicle was registered to the defendant and officers found Carrel in the communal area of the flats, despite him not being a resident of La Collette.
The officers suspected Carrel had been driving and decided to conduct a roadside breath test but the vehicle they were in did not have the right equipment.
‘While they were waiting for another vehicle to arrive the defendant decided to make a run for it and, as a result, he was arrested,’ Miss Sharpe said.
No keys to his vehicle were found on Carrel during the search.
Miss Sharpe said that when he was taken to police headquarters, he refused to provide a sample of breath and continually said that he wanted a lawyer.
Advocate Jane Grace, defending, said that there was not an outright refusal. However, she said that her client accepted he was obstructive and admitted refusal by his non-co-operation.’
In sentencing, Mr Harris said that by failing to give a sample Carrel had committed an offence.
‘It is a matter of logic that with someone who had not driven at all, and had no intention of doing so, there was no risk to the public and no need to impose a driving ban,’ he said.
