People sat on ground to block drunken Mercedes owner from driving

A drunken Leicester man was prevented from driving off by people who sat on the ground to block his way. Divuesh Solanki had tried to claim he never intended to drive the night of the incident, but refused to be breathlaysed.

The incident happened late on Friday, July 5 when Leicestershire Police received a call about a "very intoxicated man seen driving a Mercedes Benz" in the Evington area of Leicester. When the police arrived they were flagged down by members of the public who pointed out the driver and the car, which was parked in Evington Road

Prosecutor Tracy Lovejoy told Leicester Magistrates' Court on Friday (November 8): "A few of them were sat down at the back of the car to stop him from driving. His eyes were glazed and he was unsteady on his feet. The officers could smell alcohol on his breath. He became argumentative and said he was not driving."

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At the police station, Solanki refused a breathalyser test, demanding he had the right to legal advice first, which he did not. The 41-year-old, of Northdene Road, West Knighton, was charged with failing to provide a specimen while suspected of drink-driving.

Solanki originally pleaded not guilty to the charge and a trial was due to take place but he entered a guilty plea to the lesser offence of failing to provide a specimen while suspected of being drunk in charge of a vehicle. The lesser offence does not lead to an automatic driving ban.

Ms Lovejoy said the case was serious enough to warrant a community order with unpaid work, as well as a driving ban. She added that he had a previous conviction for failure to provide a specimen.

Solanki, who works as a courier and would lose his job if he couldn't drive, was represented in court by Stephen Parker, who urged the magistrates not to ban his client from driving. He said: "Mr Solanki had driven to that area and parked his car and gone to a shop and had a drink at a local club.

"He went back to the car and his intention was to collect his personal belongings and get a taxi. There may have been members of the public who had concerns but it wasn't Mr Solanki's intention to drive."

He said that during the incident his client was punched in the back of the head by one of the members of the public which why his recollection of what happened afterwards was "fairly hazy".

He said the refusal to give a specimen was an offence but that his client did not believe he was committing a crime at the time. He said that while Solanki did not have the right to get legal advice before being breathalysed, he thought he did have that right.

Mr Parker said his client was a "hard working man". He said: "To lose his licence puts him out of work."

He said the crime was at a level where it could be dealt with by a fine and penality points.

The chair of the bench, Jane Morton-Humpheries, told Solanki: "It's very clear that you do need your licence. However, it was also very clear you should have given the police a sample - this was a deliberate refusal."

Solanki was banned from driving for six months and given a 12-month community order, which will include 80 hours of unpaid work. He will also have to pay £85 court costs and a £114 victim surcharge.