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Even if he's locked in a boot he has to give a breath test!' Driving ban for Spalding forklift driver following Christmas Day argument




A man who got behind the wheel following a Christmas Day argument with his wife has been banned from the roads..

Spalding resident George-Julian Andrei opted to take himself away from the situation by 'driving round in circles', a court was told.

But his decision to refuse to take a police station breathalyser test after being pulled over saw him handed a ban by magistrates on Wednesday (January 29), on a day when he should have been starting his holiday.

Boston Magistrates' Court
Boston Magistrates' Court

Prosecutor Lottie Tyler told the court that Andrei's vehicle was stopped in Boston following 'reports of a domestic incident'.

The 31-year-old gave a roadside breath test of 89 micrograms per 100ml of breath, she continued. The legal limit is 35mcg.

Ms Tyler added that at the police station the defendant, of Kimblewick Lane, Spalding, refused to give a further breath test, saying he suffered from 'asthma'.

In defence, Mark Hudson said his client thought his initial reading would be enough for police.

"He had an argument with his wife and was just driving round in circles," he continued.

"The officer asked for a roadside breath test and he provided it happily."

"He took the view that as he'd given a roadside breath test he didn't have to give any more. In his country the roadside test in an evidential reading.

"If just explained to him that even if he's locked in the boot and the police officer wants a breath test then he has to give it."

Mr Hudson questioned why Andrei, who works as a forklift driver, was in court on Wednesday (January 29) after he had requested the case be adjourned as he was due to fly out on pre-booked holiday that day.

“He sent proof,” Mr Hudson continued.

“He’s had to buy himself an extra ticket for tomorrow so he can join his wife on holiday.

“The court should have got an adjournment sorted out. This is an extra expense and if there is to be a fine can this be factored in?”

Andrei, who pleaded guilty to failing to provide a specimen for analysis, was banned from driving for 20 months, which could be reduced by 20 weeks if he completes a rehabilitation course.

He was also fined £300 and ordered to pay a £120 victim surcharge.

Due to having to purchase a second ticket for his flight, Boston magistrates waived court costs.



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