CS gas used in cop car struggle

A NORTH Derbyshire motorist was sprayed with CS gas after being arrested on suspicion of drink-driving.

By The Newsroom
Sunday, 4th September 2011, 3:07 pm

Police went to Eric O’Neil’s home as he was leaving the address with car keys in his hand and appeared to be drunk, Helen Griffiths, prosecuting, told Chesterfield magistrates. O’Neil was arrested and became aggressive as he was taken to the back of a police Vauxhall Astra.

“He kicked out at the back window a number of times... and it eventually smashed,” said Mrs Griffiths. O’Neil was removed from the vehicle and he struggled with police, who sprayed him with CS gas to subdue him.

O’Neil (30) of North View Street, Bolsover, admitted damaging property and failing to provide a breath specimen for analysis. Presiding magistrate Paul Beard imposed a 7pm-7am curfew for four months and ordered him to pay £100 compensation to Derbyshire police, with £85 costs.

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Mr Beard also banned O’Neil from driving for 16 months. The ban will be cut to a year if he passes a drink-driving rehabilitation course.

Julian Hammond, for O’Neil, said: “An officer knelt on his chest. He has asthma and breathing difficulties caused him to kick out.

“He should have made some effort to blow into the intoxilyser machine. He didn’t because of his asthma.”