Driver awaiting sentence after refusing to be breathalysed

A motorist refused to be breathalysed after being found boozing in his car outside a Sunderland city centre live music and events venue by police.

Richard Smart, 38, was caught on CCTV driving to The Point site and swigging alcohol as he sat in his Vauxhall Insignia, a court heard.

Officers noticed Smart, of Sorley Street, Millfield, was showing classic signs of intoxication and arrested him on suspicion of being unfit to drive.

Prosecutor Stephanie Cook said he was taken to a police station, where he refused to provide a sample of breath for analysis on Sunday, October 1.

Checks also revealed Smart did not have motor insurance or a valid driving licence.

Ms Cook told South Tyneside Magistrates’ Court: “Police attended The Point after CCTV identified a driver in the seat drinking alcohol.

“He was in the driver’s seat when police arrived, and he was asked to alight.

“Further information arrived from CCTV which was that the same male had driven there in the vehicle.

“Police noted he was unsteady on his feet, his speech was slurred and his eyes glazed. He was arrested for being unfit to drive.

“At the police station he refused to provide a sample for analysis. It’s a high culpability offence and a deliberate refusal.”

Smart pleaded guilty to failing to provide a sample, driving without insurance and driving without a licence.

He has 26 previous convictions from 74 offences, including driving while banned in 2009.

Joanne Gatens, defending, told District Judge Zoe Passfield: “I accept you’ll want reports.

“With a guilty plea, I don’t think the offences are out of the community band.”

Judge Passfield told Smart: “You’ve been out of trouble for a long time.

“I will give you credit for your guilty plea, but I’m going to need to hear from the Probation Service before you can be sentenced.”

She handed Smart an interim driving ban and granted him unconditional bail ahead of sentencing at the same court on Wednesday, December 6.