Boozed-up Chesterfield motorist is disqualified after he was too drunk to give breath specimen

A boozed-up motorist who was found asleep at the wheel of a van has been banned from driving after he failed to provide a breath specimen because he was too drunk.

Chesterfield magistrates’ court heard on November 6 how Stewart John Hall, 38, Masefield Avenue, at Holmewood, Chesterfield, was found by police in his parked van at Meadow Road, Clay Cross, on October 20.

Drink-driving breathalyser.

Drink-driving breathalyser.

Prosecuting solicitor Becky Allsop said: “Police were contacted by a member of the public shortly after 1.10am, on October 20, saying that a male was slumped in the driver’s side of the vehicle.

“Officers attended and an officer states that as he approached the keys were in the ignition and the bonnet was warm.

“He stated that he roused Mr Hall who was struggling to communicate initially but he gave his details to the officer.”

Mrs Allsop added that Hall smelled of alcohol and was slurring his words and he gave a positive roadside drink-drive breath test result.

However, Hall failed to complete an intoxilyzer breath test procedure at the police station so no evidential reading was available.

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Hall pleaded guilty to failing to provide a specimen of breath when he was suspected of being in charge of a vehicle during an investigation.

Defence solicitor David Gittins said Hall had been to his partner’s home after he had been given her keys and they were together with his car keys to the van.

Mr Gittins added that Hall could not get into the home and did not want to wake his partner so he opted to sleep in his van.

Hall had tried to use the intoxilyzer four times, according to Mr Gittins, but he had not been able to do so properly because he was drunk.

District Judge Andrew Davison fined Hall £360 and ordered him to pay a £36 victim surcharge and £85 costs.

Hall was also banned from driving for 12 weeks.