‘You are not getting blood’: Rambling driver refused to give sample after being pulled from flipped car in Washington

After staggering out Kevin Pearson tried to claim that the car had not crashed at all – despite the fact it was lying on its side in the middle of the road.

Pearson, 34, of Baltimore Court in Washington, was arrested following the June 9 collision and taken to a police station where he was asked for breath samples.

However the machine did not work and he was asked for a blood sample, which he refused.

Pearson pleaded guilty to failing to provide a specimen for analysis at South Tyneside Magistrates’ Court.

Prosecutor Eve McDonnell said: “PC Malt was on duty on the date in question.

“Around 3.20am he attended the A1290 in Washington. Reports were received of a single vehicle road traffic collision with a male passenger being trapped inside.

“The vehicle was in the centre of the carriageway with the passenger side of the vehicle on the ground.

“It had suffered damage to practically every panel including the roof of the vehicle.

“The defendant was stood upright in the vehicle, unable to exit.”

After being freed by firefighters Pearson ‘staggers’ out of the car, the prosecutor said.

PC Malt said in a statement: “It was immediately obvious that the defendant was intoxicated

“His breath smelled of intoxicants. He was unsteady on his feet and he was rambling.”

Speaking to PC Malt at the scene, he said that he did not know how he got there or how he was in the vehicle, that someone else had been driving the vehicle and then denied that the vehicle had crashed.

He was taken into custody and asked to provide two breath samples, which he did.

However the court heard the analysis machine malfunctioned, so the test was not completed.

Pearson again volunteered two breath samples for a different machine, which the court heard also did not work.

At this point he was asked for a blood sample, which he refused.

He told officers ‘you are not getting blood out of me’, the court heard.

Defence solicitor Jason Smith said the case was an unusual one because Pearson had been cooperating with police right up until the request for a blood sample.

“He accepts that he has had a drink.

“He has gone through four breath samples, all properly done.”

Mr Smith said it was not his client’s fault that the breath analysis machines did not work.

He said that Pearson does not like needles and accepted that he had refused to provide blood, but argued that he had been complying throughout up to that point.

Pearson was fined £80 and ordered to pay £85 costs and a £30 victim surcharge.

He was also banned from driving for 16 months.