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Liverpool Echo
Liverpool Echo
National
Neil Docking

'Incredibly drunk' driver refuses breath test because he's scared of needles

A driver was so "incredibly drunk" that when police asked him for a breath test he said he was scared of needles.

Darren Jacobs was reported by a member of the public as the driver of a car involved in a crash in St Helens.

Liverpool Crown Court heard police were called to the scene, in Berrys Lane, shortly after midnight on January 31 this year.

READ MORE: Mum covered in blood mouths help after night of extreme violence

They arrested the "extremely unpleasant" 34-year-old, who refused to be breathalysed and even tried to bite his handcuffs.

Bernice Campbell, prosecuting, said: "The description of the driver was brought to the attention of police officers who found the defendant, who was incredibly drunk and refused to do a drink driving test.

"He was using profanities as to why he wouldn't, he was abusive throughout to the police officers, he tried to bite his handcuffs, and had to be put in a rear handcuff by police.

"He said he was at the scene because he was a drug user and had bought drugs, though there were no drugs found on him."

Matthew Conway, defending, said his client's level of intoxication was perhaps best illustrated by the fact that "when asked to provide a sample of breath, he said he was scared of needles".

A needle is not required for a breath test.

Jacobs pleaded guilty to failing to provide a specimen for analysis.

Darren Jacobs, 34, of Tully Avenue, Newton le Willows (Liverpool Echo)

He also admitted breaching a sentence of 16 months in jail, suspended for two years, imposed in August last year for affray.

Jacobs has 40 previous convictions for 66 offences, including drink driving in 2013.

In 2017 he was jailed for 21 months after trying to smuggle heroin and cocaine into Styal Prison for his girlfriend.

Mr Conway said his client, who was "not a well man", had engaged well with the Probation Service, who believed he would benefit from more help.

Referring to a pre-sentence report, Mr Conway said: "The author noted that ever since the profound domestic violence between his parents he has suffered from PTSD, that being exacerbated no doubt by suffering a stabbing in 2015, which left him with significant nerve damage.

"When you couple that with his dependency on drugs and alcohol, it's perhaps not surprising that this man of only 34 years of age has the terrible antecedent record that he does."

He urged the judge to spare Jacobs jail because he was now addressing his mental health problems, taking medication and undergoing counselling.

Mr Conway said Jacobs feared that going to prison would set back his progress and in the past breakdowns had caused him to try and take his own life.

He said Jacobs "didn't think he had to provide a sample" and had been "confused".

The judge, Recorder Daniel Prowse, said: "I'm struggling why he didn't think he had to provide a sample."

Mr Conway said: "It's no excuse... he was simply so impaired or perhaps it was his mental problems that were causing him difficulty in understanding his obligations."

Recorder Prowse said Jacobs had been "deeply offensive, deliberately awkward and extremely unpleasant" to the officers, which suggested it was "simple bloody-mindedness" and "nothing to do with failing to understand".

Mr Conway said Jacobs was working with the substance misuse charity Change Grow Live and on a methadone programme.

Recorder Prowse said police were entitled to ask Jacobs to take the breath test.

He told him: "You were very drunk or extremely under the influence of something - we will never know because you refused to provide a sample."

The judge said: "You were extremely unpleasant and extremely rude to the police officers, being personally offensive to them, refusing to comply with their lawful orders, you tried to bite handcuffs, you were flippant, and you made their lives frankly a misery."

Recorder Prowse said officers shouldn't have to deal with such behaviour, adding: "When you're under the influence, you're a thoroughly unpleasant person to the police."

He said: "You have got significant mitigation, but based on the way you behaved at the side of the road, it's difficult frankly for me to feel sorry for you."

However, he said over the years Jacobs had received "every different type of sentence", including prison terms, which "don't seem to make much of a difference to you", and the Probation Service recommended a community punishment.

The judge said he concluded "the public would be better protected" by him sparing Jacobs prison, so he could continue to address his problems.

Recorder Prowse handed him 10 weeks in jail, suspended for 12 months, with an eight-month Drug Rehabilitation Requirement, three-month home curfew from 9pm to 7am daily, and £100 court costs order.

The judge also banned him from the road for three years and four months.

He told Jacobs: "This really is your last chance. Take it."

Breath tests

The police can stop you at any time and ask you to take a breath test ('breathalyse' you) if they think you've been drinking, you've committed a traffic offence or you've been involved in a road traffic accident.

If you refuse to take a breath test, or fail to supply a sample of breath and do not have a 'reasonable excuse', you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample.

The breath test gives a result straight away. If it shows you're not over the drink drive limit, you may be allowed to go.

If you fail the breath test, you'll be taken to a police station and given a final breath test. If it's positive, you will be charged.

If the officer thinks you’re under the influence of alcohol or drugs, they can ask you to take a drug test or do a physical test (a 'field impairment test'), for example walk in a straight line then turn around and walk back.

You can be arrested if you fail the test.

If you fail a breath test you cannot drive your car until you're sober. You can ask someone else to collect your car for you.

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