Jarrow motorist refused to be breathalysed until he had seen a solicitor
A suspected South Tyneside drink driver who refused to be breathalysed until he had seen a solicitor has been banned from the roads.
Grant Calcutt, 39, smelled of alcohol when pulled over on the 50mph A194 Leam Lane dual carriageway at 7.25am on Thursday, July 17, a court heard.
He was stopped after police saw him drive on an off-limits motorway hard shoulder and jump a red light at the Whitemare Pool roundabout.
Calcutt, of Lavender Grove, Jarrow, said he would not undergo a legal breath test procedure without legal advice.
Even when told there was no legal requirement for that, he would not back down, prosecutor Marcus Blakelock said.
It led to him being charged with failing to provide a sample for analysis, an offence he admitted at South Tyneside Magistrates’ Court.
Mr Blakelock added: “An officer witnessed this defendant’s vehicle approach Whitemare Pool roundabout.
“He passed the officer on the hard shoulder and was seen to go through a red light and onto the A194.
“He braked and pulled over. The officer approached and could smell alcohol.
“He appeared drowsy and was slurring his words. He explained that he would not provide a sample.
“He said that he would not do so until he had seen a solicitor.”
Calcutt has 24 previous convictions from 47 offences, including one for drink driving in 2012, and the last in May 2014.
Elizabeth Dunbar, defending, argued Calcutt had not deliberately refused to provide but had been mistaken to demand legal advice.
She said he was driving because he had received a call from his mum that a relative had fallen ill.
Mrs Dunbar added: “He said he was happy to give a sample but wanted to speak to a solicitor. They would not allow him a phone call.
“He had been drinking the night before. This offence happened at 7.25am. He had a call from his mother, he was concerned.
“There may have been a smell of alcohol, but he thinks he would have been under the limit.”
District Judge Zoe Passfield banned Calcutt from driving for 12 months and fined him £120, with £85 court costs and a £48 victim surcharge.