Jail for drink-drive suspect who failed to give sample of breath

Richard Green Picture: STATES OF JERSEY POLICE (35181479)

A MOTORIST who failed to give a breath sample when stopped by the States police on suspicion of drink-driving has been jailed for 21 weeks and handed a two-and-a-half-year driving ban.

Richard David Green (57) was spotted by a member of the public on the evening of 29 December, driving in La Motte Street while apparently intoxicated.

The States police stopped him in Colomberie at around 7.50pm, and he was asked to complete a breath test.

St Helier Centenier Danny Scaife told the Magistrate’s Court: ‘His speech was slurred, and after four attempts the breath was insufficient.’

Green was taken to the police station to be tested, but Mr Scaife added: ‘He tried three times and failed to provide the breath.’

The court heard that there seemed to be no medical reason why he could not provide a breath sample and that he had four previous convictions for drink-driving.

Green pleaded guilty to failing to provide a specimen for analysis. Advocate Nicholas Mière, defending, suggested a community service or probation order instead of a jail term.

‘Mr Green does not drink when he is with his children. He has come to the conclusion that abstinence is the way forward for him. He is looking to change his lifestyle,’ said the advocate.

The lawyer also pointed out that his client’s last offence was 12 years ago.

Assistant Magistrate Peter Harris gave Green credit for his guilty plea but said that in view of his previous convictions a prison sentence was merited.

He told him: ‘There was no evidence of gross impairment, but it was sufficient for a member of the public to phone the police with their concerns.’

Green will have to retake his driving test after his disqualification period has come to an end.

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