Drink-driver told police to 'prove it'

Burnley Magistrates' Court

An over-the-limit motorist who didn’t stop for police, abandoned his car and claimed, “I wasn’t driving, prove it,” when caught, a court heard.

Ben James Porter (25) who was found in a garden, trying to evade arrest by officers, wasn’t insured and his provisional licence had expired. He gave a breath test showing 40 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35.

Porter has now been banned for 14 months, after Deputy District Judge Michael Hopkinson told him: “Your driving leaves a lot to be desired.

The defendant, of Dorset Avenue, Padiham, admitted a drink-drive offence, failing to stop for a constable, driving otherwise than in accordance with a licence and no insurance, on Norfolk Street, Colne, on September 14th. He was fined £120, with a £30 victim surcharge.

Mrs Philippa White, prosecuting, told the hearing that late in the evening officers saw a Peugeot on Church Street, Colne.

She continued: “The vehicle was requested to stop by illuminating blue lights on the marked police vehicle. It failed to stop and made its way down several streets in the locality before stopping and three occupants ran from the vehicle. One of these came from the driver’s side of the vehicle. Police followed him and caught up with him in a rear garden in a nearby street.

"He was spoken to and said, 'I wasn’t driving, prove it. A roadside breath test was positive and he was arrested'."

Mr John Rusius, defending, said Porter had just bought the vehicle and intended to keep it off- road and sell it at a profit, rather than driving it.

The solicitor, who said the defendant had made a claim for benefits, added: “He didn’t believe he was over the limit.”

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