Arrested man refused to give breath test, claiming he hadn't been driving

Barry Irving, 33, wouldn’t blow into the Camic machine because he thought he had been wrongly accused, Sunderland Magistrates’ Court heard.

“It was just before midnight when he was taken into custody at Southwick police station,” said Laura Johnson, prosecuting.

“He refused to enter the Camic room when requested, so was returned to his cell.

“When interviewed, he made no reply to all questions.”

Irving, 33, of Ravenscourt Road, Red House, Sunderland, admitted failing to provide a specimen of breath on November 22, last year.

Jason Smith, defending, said in mitigation: “There is no evidence Mr Irving had been driving.

“He may have been arrested at his house in good faith, but he believes the allegation was maliciously made by somebody who contacted the police.

“Whoever made the allegation has never made a statement.”

District Judge Roger Elsey ordered Irving to pay £300 in fines and costs.

The judge ordered 10 penalty points added to Irving’s driving record.