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Nottingham Post
Nottingham Post
National
Rod Malcolm

Mercedes driver refused to take breath test after clipping a car and failing to stop

A Mercedes driver clipped a car, failed to stop, refused to take a breath test and was told that he is "taking a mickey" out of the courts.

The comment was made by a Nottingham magistrate as a three-year driving ban was imposed on Josemar Da Cruz, who must also do 220 hours unpaid work.

Serena Cousin, mitigating, told the city court: "He accepts he has a horrendous record for driving offences. He is massively disappointed with himself."

On the night of the latest offences, he took over when he decided a friend was "unfit to drive a car." There was a collision and he took a photograph but "didn't see any damage."

Mrs Cousin said that Da Cruz suffers from asthma and had trouble giving a breath sample. But police officers failed to offer alternatives to the 44-year-old, of Beechdale Road, Bilborough.

Presiding magistrate Jennifer Wood told him: "Looking at your record, it looks to me as if you are fully understanding of what you are doing and taking the mickey out of us and getting away with it."

He was given an 18-week prison term, suspended for 15 months, and must pay costs totalling £207.

 

Daniel Pietryka, prosecuting, said that a driver saw a Mercedes car approaching at 1am on December 1. He pulled up as he noticed that the car was crossing the central line.

The cars' mirrors cracked and the Mercedes caused some damage at the rear of the other man's car.

"He said he thought the driver was drunk," said Mr Pietryka. The Mercedes drove off and the man followed until it stopped at an address in Bestwood.

Mr Pietryka added: "Two males came out of the Mercedes and walked towards the car and aggressively asked why they were being followed. He said it was because the car had hit and failed to stop."

Da Cruz pleaded guilty to failing to provide a sample for analysis; failing to stop after an accident on Raymede Close; having no insurance and breaching the terms of his driving licence.

At the end of the case, he told the three JPs: "Thank you very much. I am sorry."

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