Motorist who refused to give breath sample is sentenced

Thursday 18th August 2022 11:18 am
Share
Exterior view of the Isle of Man Courthouse in Douglas - (Isle of Man Newspapers )

Subscribe newsletter

Subscribe to our email and get updates right in your inbox.

A 48-year-old man who refused to provide a sample of breath has been sentenced to 150 hours of community service.

Alexander Kennedy was also banned from driving for five years and ordered to pay £1,250 prosecution costs as he was found guilty after a summary court trial.

Kennedy’s advocate Paul Rodgers said that his client was appealing the conviction.

Prosecuting advocate Roger Kane told the court that Kennedy, who lives at Main Road, Colby, was spoken to by police on October 31 at 3.30am outside Bordello nightspot.

Officers described him as drunk and argumentative.

He left the area but was later seen by police driving a BMW heading towards the Sea Terminal.

He was subsequently stopped and said to be smelling of alcohol with glazed eyes.

After being arrested and taken to police headquarters he remained silent and would not provide a sample of breath.

Defence advocate Paul Rodgers said that Kennedy has represented himself at the trial and was appealing against his conviction.

Mr Rodgers said that his provisional view was that there were procedural errors at the police station, as two specimens of breath had not been requested, and officers had not followed the statutory wording according to a transcript.

The advocate said that not being able to drive had impacted Kennedy’s ability to find employment and pointed out that the ban for failing to provide in England is no more than 12 months, whereas it is a mandatory five years here.

Magistrates also ordered Kennedy to take an extended driving test at the end of his ban.

He will pay the prosecution costs at a rate of £10 per week.

Kennedy also pleaded not guilty to a separate matter of speeding and a trial will be held for that on October 18.

He has also previously denied theft and fraud and a trial for those matters will be held on November 2.

Both trials will be in summary court.

Bail continues.

More About:

Share