Driving ban and unpaid work for motorist who refused to give breath sample after crashing into railings in Boston

A motorist who refused to give a breath sample at Boston Police Station after hitting a stretch of railing in the town has been banned from the road and ordered to complete unpaid work.
Boston Magistrates' Court.Boston Magistrates' Court.
Boston Magistrates' Court.

Vaidotus Jackus, 33, of Spilsby Road, Boston, appeared at Boston Magistrates’ Court last Monday in relation to the offence from April 27.

Prosecuting, Lee Shepherd said CCTV operators in Boston told police that a BMW had collided with railings in John Adams Way.

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Officers then found the car being driven by Jackus, who was ‘clearly intoxicated’, Mr Shepherd said, with the court hearing of slurred speech and bloodshot eyes.

He said Jackus provided a positive breath test with a reading of 84 microgrammes of alcohol in 100 millilitres of breath – more than twice the legal limit of 35mcg.

However, when he was taken to the police station, he refused to give a breath sample for analysis.

Mr Shepherd said Jackus said he wanted to give a blood sample, but could give no medical reason why he could not give a breath sample.

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The magistrates heard that Jackus had been ‘stressed’ because he had just learnt his job was being closed down as a result of the covid-19 pandemic and he had wanted to have a blood test to make sure the result was accurate.

Jackus pleaded guilty last Monday to failing to provide a sample of breath for analysis.

Mitigating, David Eager said Jackus was working as an Amazon driver but would clearly now lose that job.

The magistrates said it was a ‘straightforward wilful refusal to give a breath sample after poor driving’ and ordered him to carry out 150 hours of unpaid work for the community and banned him from driving for 16 months.

He was offered the drink drivers’ rehabilitation course which will reduce the period of the ban by 16 weeks.

He was also ordered to pay £180 in court costs and charges.