A SUSPECTED drink driver slurred his words when refusing to take a breath test before staggering towards the waiting police car, almost falling over.
Robert Browning pulled over and waved at the police car behind him to pass, not realising officers wanted to speak to him after becoming suspicious because his back window was steamed up.
The 54-year-old, of Worcester Road, Wychbold had initially denied failing to provide a specimen for analysis - first at the roadside and again at the police station and was "aggrieved to be arrested".
However, he changed his plea to guilty when he appeared again before magistrates in Worcester on Tuesday following the incident in Kidderminster at around 1am on February 13.
Jackie Rogers, prosecuting, said: "Officers described his eyes as being glazed, his speech as being slurred and formed the opinion he was drunk."
Browning was invited to take a seat in the back of the police car to discuss the matter further.
"They described him as being unsteady on his feet and almost falling as he made his way to the police vehicle. They could smell intoxicants," said Mrs Rogers.
He refused to provide a roadside breath sample and was arrested and taken to Kidderminster Police Station where he also refused to provide an evidential sample using the intoxilyzer procedure.
Mrs Rogers said he also refused to answer questions or provide any medical reason why he could not provide a specimen.
As a result of the defendant's not guilty plea, the Crown had prepared the case for a trial which in the end was unnecessary because of the change of plea. As a result Mrs Rogers requested half the prosecution costs, £300.
Gary Harper, defending, said the delay had been caused while a possible psychiatric or physical medical defence was explored.
"It's a fact that Mr Browning suffered a collapsed lung and also he was suffering from depression and stress," said the solicitor.
Unfortunately, Mr Harper said, there was no evidence to support a formal medical defence and so Browning changed his plea, instructing his solicitor to write to the court confirming this.
Mr Harper said police stopped Browning because they were concerned his back window was steamed up.
"He wasn't skidding all over the road or anything like that. There was no going to the other side of the road," said Mr Harper.
He told magistrates there had been "no effect whatsoever" in terms of any impairment to his driving, describing his client as a man of good character who had suffered from depression for the last 10 years.
Mr Harper added: "He was a little bit aggrieved about being arrested. He wasn't as co-operative as he could have been."
Magistrates fined him £120, ordered him to pay a contribution towards court costs of £200 and a victim surcharge of £32.
They banned him from driving for 12 months but offered him the drink drivers rehabilitation course. If he completes the course by June 16 next year he will have his licence returned on August 16 next year.
If he fails to complete the course it will be returned to him on November 16 next year.
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