COURT: Motoring ban costly for HGV driver after drink-drive tip-off

High Peak Magistrates Court, Buxton.
High Peak Magistrates Court, Buxton.

A drink after work proved costly for a Buxton HGV driver, who has been banned from the road for 17 months.

Martin Philip Fenton, 44, was disqualified from driving by High Peak Magistrates’ Court last week, and will now lose his job, after he refused to provide a urine sample for police on July 7.

The court heard officers had stopped Fenton at about 8.35pm as he was making his way home from the pub, after receiving a tip-off concerning a possible drink-driver.

Jennifer Fitzgerald, prosecuting, said the HGV driver was asked to provide a breath test at the roadside, but refused.

Following his arrest, the defendant was taken to Buxton Police Station where the intoxilyzer procedure was commenced.

Fenton told officers he was a heavy smoker and suffered a shortness of breath, which was accepted by officers. They instead asked for him to provide a sample of urine, but he refused and stated he was willing to provide a blood sample.

Rebecca Wrack, defending, said Fenton had not realised it was not for him to decide which type of sample to provide.

“Unfortunately for Mr Fenton, had he given a sample he may not be before the court as he had had two pints,” she explained.

“He had driven the short distance from the public house to his home and may not even have been over the limit.”

She said the defendant had not understood that failure to provide a urine sample would lead to a ban, adding that he had not been deliberately obstructive.

Fenton, of Sherwood Road, was disqualified from driving for 17 months and must pay a total of £647 in fine and costs.