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Colne van driver banned after horror smash
A VAN driver said to have caused a serious road smash while thought to be over the drink-drive limit has been banned for three years.
Pennine magistrates heard how father-of-two Ashley Steven Rushton (38) crashed into the back of a lorry parked in a layby as the driver slept in his cab. The side of Rushton's Mercedes works van was ripped off in the impact and the contents, including cans of lager, were strewn across the road.
Police called to the scene on January 29th thought the defendant's breath smelled of alcohol, but he refused to give breath or blood.
Rushton, who claimed a gust of wind had blown him into the back of the lorry, alleged the cans of lager in his van had exploded in the collision and that was what caused the smell of drink.
The defendant, of Clarence Street, Colne, admitted failing to provide a specimen for analysis. He was also given a 12-month community order with 120 hours' unpaid work and must pay 250 costs.
Hilary Rees (prosecuting) told the court about 8-30 p.m. police were called to the accident on the A56 dual carriageway at Haslingden.
The lorry was extensively damaged. The fire service and ambulance were there.
Mrs Rees said the defendant's vehicle was sideways across the two carriageways, blocking the road. Rushton was in the back of the ambulance and claimed a gust of wind had blown him into the lorry. A witness who was behind him, however, said that wasn't the case and he had simply driven into the back of the lorry. An officer noticed the smell of alcohol on Rushton's breath but he would not provide a sample at the roadside.
The prosecutor said among the debris were cans of Carling lager, of which at least one was open. The defendant was taken to hospital and his doctor said he was fit to provide a specimen of blood. He refused.
He had a previous conviction for drink driving in 2001, when he was banned for three years.
John Rusius (defending) said at the hospital Rushton was potentially thought to be in a serious condition. He was in a neck brace, on a board and had chest pains. He was not fully compos mentis, was confused and would say he did not refuse to provide blood. He wanted to speak to the doctor first. He was under the impression the medic had not seen him at that time.
The solicitor said: "In his mind, he has not done anything wrong. He just wanted to speak to his doctor first."
Mr Rusius said Rushton, who drove for a living and would lose his job, had not had a drink. He continued: "There were cans in the vehicle and when the accident occurred they popped and went everywhere and that's why there was the smell of alcohol."
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Saturday 04 February 2012
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