Kirkby man who refused breath test believes he was under drink-drive limit

A Kirkby man who refused to give police a breath sample after clipping another car while crossing a junction believes he was under the drink-drive limit, a court heard.

Tuesday, 28th June 2022, 3:49 pm
Updated Tuesday, 28th June 2022, 5:11 pm

John Winnard exchanged details with the other driver, but the police were called after the ‘minor road traffic collision’,' which happened on Sunday, June 5, at 8.20pm.

Winnard, aged 63, shook his head when he was asked for a breath sample, prosecutor Pardeep Kalyan said.

And he said ‘no comment’ when asked if he was refusing.

Mansfield Magistrates' Court.

At the police station he was asked if he had any medical reasons for refusing, and he said ‘numerous’.

The court heard he was disqualified in January 1998 for a similar motoring offence.

Pars Madahar, mitigating, said: “It’s unfortunate he finds himself back before the court after 24 years.”

He said Winnard, who is retired, suffers with asthma, some mobility issues and chronic obstructive pulmonary disease.

“He believes he wasn’t over the limit, but he has lost the opportunity to exonerate himself,” said Mr Madahar.

“He lives alone and will struggle to complete basic errands like shopping when he is disqualified.”

Winnard, of Larkfield Avenue, admitted failing to provide a specimen for analysis, when he appeared at Mansfield Magistrates’ Court today.

He was banned from driving for 22 months, but he was offered a rehabilitation course for drink-drivers, which will cut the disqualification by 22 weeks, if he successfully completes it before September 2023.

He was fined £450 and ordered to pay £85 court costs, and a £45 surcharge.

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