Unlicensed South Shields biker was ‘foaming at the mouth’ and tested positive for cannabis after crash, court told

Mark Kerton, 30, was knocked off his wheels by a car which pulled into his path in Perth Avenue, Scotch Estate, Jarrow, magistrates in South Tyneside were told.

Kerton, of Devonshire Street, near Tyne Dock, was also “red eyed” while in the back of an ambulance when police arrived.

He tested negative for alcohol but positive for cannabis, an illegal substance his solicitor admitted he smoked, at noon on Saturday, October 23.

The case was heard at South Tyneside Magistrates Court.

But Kerton, who has 29 previous convictions from 55 offences, failed to provide a follow-up blood sample for analysis at hospital.

Prosecutor Sarah Malkinson told the court: “The defendant was riding a motorcycle on Perth Avenue when he collided with another vehicle.

“Officers attended the scene and entered an ambulance where the defendant was. His eyes were bloodshot, and he was foaming at the mouth.

“He gave a zero reading for alcohol, but a roadside drugs test was positive for cannabis.

“Police attended South Tyneside District Hospital to conduct a drugs procedure, but he didn’t provide a sample.

“He couldn’t provide a medical reason why he couldn’t provide.

“The crown says it’s a deliberate refusal and high culpability as he was foaming at the mouth.”

Kerton pleaded guilty to failing to provide a sample for analysis, driving without a licence and driving without insurance.

Kevin Smallcombe, defending, said Kerton’s post-smash physical appearance had to do with him being knocked unconscious.

He added: “I’m a little concerned by the interpretation of ‘foaming at the mouth’. He was knocked off his bike by a car that had turned into him.

“He was on an off-road motorcycle which he intended to buy. The officer followed him to the hospital to do the procedure.

“He has smoked cannabis in the past and does smoke cannabis.”

Magistrates banned Kerton from driving for 25 months and sentenced him to a two-year community order.

It has 25 rehabilitation days and Kerton must undertake the Stepping Stones support programme.

He was fined £120, with £85 court costs and a £34 victim surcharge.