'Factual dispute' could see South Tyneside driver avoid road ban after not giving samples
A Jarrow driver could avoid a road ban if prosecutors can’t establish the facts in the case.
A South Tyneside man who refused to be breathalysed after being arrested on suspicion of drink driving could escape a road ban, a court heard.
Taylor Griffiths, 24, failed to provide two legally required samples when taken to Middle Engine Lane police station in Wallsend on Friday, May 22.
But Griffiths, of Holland Park Drive, Hedworth, Jarrow, claimed he had not driven – and prosecutors must now prove he had, his solicitor said.
Defender David Forrester told borough magistrates Griffiths faced a mandatory disqualification of at least a year if it could be shown he was motoring.
However, if he was in charge of the vehicle – meaning he had not driven – then he faces either 10 penalty points or a maximum ban of six months.
Mr Forrester said he and prosecutor Stephen Davies agreed the hearing should be adjourned for a fact-finding Newton hearing to take place.
‘Factual dispute’
He added: “The defendant failed to provide at a police station, but the issue is whether the prosecution can prove he was driving the vehicle, or was in charge of the vehicle.
“If the prosecution can prove that he was driving the vehicle, it’s a mandatory ban, but if he’s in charge, then it’s drunk in charge and it’s the option of 10 points or a shorter disqualification.
“The factual dispute about what happened needs to be established.”
Griffiths pleaded guilty to a charge of failing to provide a sample for analysis.
Mr Davies told the hearing: “I can only say that I agree with what you’ve heard from my colleague.”
Magistrates adjourned the case and granted Griffiths unconditional bail to attend a Newton hearing at the same court on Wednesday, August 19.
On leaving court, Griffiths told magistrates: “Thank you, bye-bye.”