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Woman, 26, who drank two bottles of wine on roadside after car broke down avoids jail

Elizabeth McKnight refused a breath test after she consumed two bottles of wine at the roadside. (Cavendish)
Elizabeth McKnight refused a breath test after she consumed two bottles of wine at the roadside. (Cavendish)

A woman who refused a breath test after drinking two bottles of wine at the roadside when her car broke down has been spared a prison sentence.

Elizabeth McKnight, 26, was ordered to take the test by police on 6 August after they found her intoxicated and “unsteady on her feet” as she stood next to her stationary Nissan Qashqai on a grass verge by the A55 in Chester.

But McKnight twice refused to give a sample, claiming she had only started drinking at the side of the road while she waited for her father to collect her.

She also told officers she had thrown away two empty bottles of wine further up the embankment but officers found no bottles on the verge – instead discovering a near-empty bottle of wine in the footwell of the vehicle.

Elizabeth McKnight was ordered to take the test after police found her intoxicated and 'unsteady on her feet'. (Cavendish)
Elizabeth McKnight was ordered to take the test after police found her intoxicated and 'unsteady on her feet'. (Cavendish)

Inquiries revealed her car was also uninsured.

A probation report said she had been going away for a trip with a friend and had stopped off at her father’s house to pick up a tent and while there she had some cider.

At Chester Magistrates' Court, McKnight faced a possible six months jail sentence after she admitted failing to provide a specimen of breath but was given a 12 month community order.

She cited her attention deficit hyperactivity disorder (ADHD), anxiety and dyslexia during the hearing and claimed she was a victim of domestic violence.

McKnight had two previous convictions for fare dodging.

Elizabeth McKnight cited her ADHD, anxiety and dyslexia during the hearing and claimed she was a victim of domestic violence. (Cavendish)
Elizabeth McKnight cited her ADHD, anxiety and dyslexia during the hearing and claimed she was a victim of domestic violence. (Cavendish)

Her solicitor, Chris Hunt, said McKnight thought the Nissan was insured, adding: “She is a young woman with two children under the age of 10and has never been in any real trouble before…

“Due to the wine she consumed after breaking down, she wasn’t able to deal with the situation sensibly when police arrived. The car was broken down, so she clearly wasn’t planning to drive the car.”

Hunt said McKnight had made a “stupid decision” not to give a sample as she believed she would be over the legal limit.

Elizabeth McKnight was given a community order at Chester Magistrates Court. (Getty)
Elizabeth McKnight was given a community order at Chester Magistrates Court. (Getty)

He added: “She just says that she was by the car and she was drunk. If she had done what the officer was asking her to do, she would have been alright.”

Chairman of the bench Roy Barron told McKnight: “Failing to provide a sample is a very serious offence.

“If it wasn’t, nobody would give a sample. We kind of assume that you were drunk and that's why you didn't do it.”

As well as the community order, McKnight was also banned from driving for two years ordered to complete 60 hours unpaid work, plus 20 rehabilitation activity days with the probation service.

She was further ordered to pay costs and a victim surcharge of £234.