A HEREFORDSHIRE crash driver has been banned from the roads and ordered to carry out unpaid work after failing to give a sample to police.
Kai Henry Johns entered a guilty plea to one charge of failing to provide a sample to police when he appeared before magistrates in Hereford in November.
Prosecutor Mark Hambling said police had been called to an incident in Mathon, Herefordshire, at 4.45am on October 29, where Johns was restrained by officers as he was not complying with them.
When the situation calmed, Johns, who officers reported had provided a breath alcohol reading of 98 microgrammes of alcohol in 100 millilitres of breath at the roadside, was taken to Hereford police station, where he was asked to provide an evidential sample.
But, the court heard, despite making five attempts, Johns failed to provide an evidential sample to police and was charged with failing to provide a specimen. Roadside breath samples are not evidential.
Marilena Di Vitantonio, for Johns, said the 28-year-old had pleaded guilty at the first opportunity and that it had not been a deliberate refusal.
"He had been involved in a crash and was in shock and was coughing and having some trouble with his breathing," she said.
"He does accept that he should have blown enough for the machine to read his sample."
Johns, who is of The Tanyard, Bromyard, was handed a 12 month community order with 100 hours unpaid work and was banned from the roads for 20 months. He must also pay costs of £135 and a £114 victim surcharge.
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