Railway worker put job at risk after refusing a roadside breath test

Railway worker Russell Comery had a drink while waiting for a pizza - and put his job at risk.

He refused to give a breath test after he picked up the takeaway to eat at his mother's home, a court heard.

And that added up to a three-year driving ban for Comery, who appeared at Nottingham Magistrates' Court on his 57th birthday.

District Judge Tim Spruce told him: "You might not have been over the legal limit."

But he pointed out that Comery had four previous offences related to drink driving. The disqualification will be cut by a quarter if he completes a course on the perils of using a car after downing alcohol.

Stephen Burdon, mitigating, said that he had explained to Comery that it was an offence to refuse a breath test, even if he was satisfied he was not over the limit.

Comery has no fixed address and lives in hotels because he travels the UK erecting fences beside railways.

Mr Burdon told the court: "He had one drink whilst waiting for a pizza. He feels very frustrated.

"He uses his vehicle to perform his role as a fencer on the railways. He is due to start in Carlisle on Monday and doesn't know how he will get there. He may lose the contract."

Comery pleaded guilty to failing to give a sample when suspected of driving in Underwood on September 16. He was fined £300 with £117 costs.