Drug-driver refused to give sample when stopped again on Christmas Eve - despite admitting smoking cannabis

Magistrates told Bangladeshi national Abdul Kabir, 29, of St Marks Road, Millfield, Sunderland, he needed to learn that drink-driving and drug-driving were highly dangerous.

They disqualified him for 16 months – and warned the sentence would rise to three years if he offended in the same way again.

Kabir was stopped by police while driving a VW Golf in St Marks Road on Thursday, November 28, South Tyneside Magistrates’ Court heard.

He complied with a police request to give a saliva sample, which proved he was over the drug-drive limit.

The takeaway worker was arrested and admitted he had been smoking cannabis.

Prosecutor Jonathan Hanratty said Kabir was again stopped on Tuesday, December 24, while at the wheel.

This time Kabir refused to provide a sample of blood as required by law – and was again arrested.

Mr Hanratty added: “He was stopped in St Marks Road at 8.10pm on November 28 because the officers thought he was exceeding the speed limit.

“A saliva sample proved positive for cannabis.

“On December 24 officers stopped the defendant who admitted he had been smoking cannabis earlier that evening.

“He was arrested and refused to provide a sample. The defendant took issue with whether the request was lawful.”

Joanna Gatens, defending, said Kabir had refused because he wanted to first seek advice from a solicitor.

But she admitted suspects in such cases were not allowed to delay a lawful sample request from police.

She added: “There was nothing aggravating the offence. He has not been before the court since 2012 and that was on an unrelated matter.”

Tony Hewison, chair of the bench, said: “I’m sure you have been made aware how dangerous it is to drive while over the limit for drink and drugs.

“We don’t want to see you here again, if you do, it’s three years.”

Kabir’s roadside drug test showed 7mcgs of THC, a cannabis derivative, per litre of blood. The legal limit is 2mcgs.

Kabir, who pleaded guilty to drug-driving and failing to provide, was also fined £135 and must pay £85 court costs and a £32 victim surcharge.

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