A man who failed to provide a specimen after attacking police responding to reports that he kept crashing his car has been allowed to stay on the roads.
Robert Somerville, 43, claimed to have downed a ‘small number of shots of brandy’ before he got behind the wheel.
Members of the public reported seeing a man hitting the kerb to the police, believing him to be under the influence, Manchester Magistrates' Court was told.
As the police attended, they noticed he smelt strongly of alcohol, his pupils were small and he looked ‘dazed’.
After a brief discussion, Somerville, of no fixed abode, attempted to flee and tried kicking out at the officers to avoid being apprehended.
He punched one officer and grabbed the arm of the other.
It wasn’t until two members of the public became involved that the scuffle came to an end and Somerville was taken to the police station.
Once there he didn’t provide a sample of breath to establish if he was over the drink drive limit.
Appearing in the dock, Somerville pleaded guilty to two offences of assaulting an emergency worker, one offence of failing to provide a specimen and one offence of obstructing a constable.
He was sentenced to an 18-month community order, with 16 rehabilitation activity requirement days, 180 hours of unpaid work and was ordered to pay £200 compensation.
Prosecuting, Eileen Rogers told the court that on April 28 this year, the police received reports of a man driving out from a cricket club in Timperley who kept ‘crashing his car’.
“He was reported to be hitting the kerb, and when officers arrived, the defendant was sat in the car and the engine was turned off,” Ms Rogers said.
“The right indicator was still activated and the keys were in the pocket of the car door.
“Officers noted he looked very drunk, he had small pupils and he was looking dazed.
“Whilst waiting to speak to him they asked him to come into the police vehicle, then he said he did have a ‘few shots of brandy’ at a mate's house.
“He then made two unsuccessful attempts to give a breathalyser reading.”
As they waited for another officer to attend, Somerville attempted to get out of the police car but was pushed back in, the court heard.
He then tried to climb out the window, but the officer pulled him back and applied handcuffs.
Somerville then managed to throw himself onto the bonnet of his own car before hitting the left side of the officer’s face.
A scuffle ensued as he grabbed the other officer by the arm and refused to let go.
Ms Rogers continued: “Two members of the public saw what was going on and came to help and detain him.
“He hit the officer again and kicked the other officer in the genital area.
“He was then taken to the police station where he didn’t provide a sample.”
One officer was said to have sustained minor injuries, but the other officer received shoulder pain which was later diagnosed as partially dislocated.
The court heard that she received treatment including physiotherapy and was off work for eight weeks.
Somerville was said to have three previous convictions for four offences including affray and two offences of driving with excess alcohol dating back to 2004.
In a probation report read to the court, it was said that Somerville was travelling to his partner’s house to ‘address some issues in their relationship’.
“He was not intending to cause harm, though it is suspected he consumed more alcohol than what he gave forward,” the officer said.
“He confirmed not feeling too drunk, but was panicky and explained it was a moment of madness.
“He said he was remorseful for his actions.”
In mitigation, his defence lawyer David O’Reilly added: “He entered an early guilty plea.
“It’s not mandatory to disqualify him from driving but you must endorse ten points on his licence.
“He is self employed in the building and landscape industry and he has a young son, both of which he relies on for his driving.”
Speaking from the dock, Somerville said: “I am extremely sorry for my actions, for any harm or trouble I have caused people.
“I’m extremely remorseful for what I have done and it will never happen again.
“Everyday it’s on my mind.”
Sentencing him, Manchester JPs said: “This was an appalling situation that was bad, but you made it 50 times worse by your attacks on the police officers - all they were doing was trying to do their job.
“The injuries you caused to the police officer are dreadful, not life threatening, but all she was doing was looking after you and preventing you from more tragedy.”
Somerville, of no fixed abode, was sentenced to an 18-month community order, 16 rehabilitation activity requirement days, ordered to pay £185 court costs and £200 compensation to the officer.
He was also had 10 points put on his licence.
