Asthma sufferer blamed bust lip on his failure to give breath test to police

An Audi driver blamed a bust lip for his failure to give a breath test to police when he "appeared to be highly intoxicated", magistrates heard. MOT technician and volunteer Daniel Smedley was asked for the test when police attended another matter on December 10 in Moor Road, Bestwood Village.

Officers saw Smedley arrive in the Audi just before 7am and asked him to provide a specimen of breath. Nottingham Magistrates' Court heard Smedley was arrested for failing to provide a specimen, and told officers he had had "a couple of pints".

Further attempts to glean a sample from Smedley led to him saying he has asthma and a bust lip. But prosecutor Peter Bettany said the device used by police was designed for people with asthma and respiratory issues.

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Smedley put the device in on the right side of his mouth and blew on the left side, stating his lip was "too painful". "He appeared to be highly intoxicated," added Mr Bettany. Empty Vodka bottles were found in the vehicle, which solicitor Susan Gregson-Murray, representing Smedley, said was being driven by his partner.

Smedley, 37, of Haynes Road, Trowell, pleaded guilty to failing to provide the specimen when he was in charge of a vehicle. Miss Gregson-Murray told magistrates Smedley was not "wilfully refusing" and was "unable to give a proper sample".

Chairman of magistrates, Peter Walters, told Smedley: "This is an unfortunate matter, but you are where you are, and failed to provide a test. I think you would have found it a lot easier if you managed to do the test". Smedley was banned from driving for 28 days, fined £400 and ordered to pay a victim surcharge of £160.

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