Drunk Retford man 'couldn't remember' if he'd been driving or not

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A Bassetlaw man who refused to blow for a breathalsyer test claimed he couldn't remember if he'd been driving or not when police asked him, a court has heard.

Officers were called after Jay Atkin threw a bottle of alcohol out of the window of his black Honda Civic at an Esso garage in Retford on July 20.

He was seen stumbling from the car, smelling of alcohol and slurring his words, and told officers: "I am drunk but I haven't driven."

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His first breath test showed double the legal limit for alcohol.

Atkin was fined and had 10 points put on his licence when he appeared at Mansfield Magistrates' Court. Photo: GoogleAtkin was fined and had 10 points put on his licence when he appeared at Mansfield Magistrates' Court. Photo: Google
Atkin was fined and had 10 points put on his licence when he appeared at Mansfield Magistrates' Court. Photo: Google

But he was rude and uncooperative at the police station and blew insufficiently for the second test.

Chris Perry, mitigating, said: "It is moot whether he intended to drive or not.

"He was frustrated at his arrest - he had a frustrating day and took that out on the police.

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"Any defence he might have raised went out of the window when he made the comments.

"He cut his nose off to spite his face."

He added that Atkin had no previous convictions and a clean licence and that a driving ban would be a ‘grave inconvenience’ because of the hours he works in Ranskill.

Mr Perry continued: "He was his own worst enemy that night, he knows he only has himself to blame."

Atkin, aged 28, of Cobwell Road, Retford, admitted failing to provide a specimen when he appeared at Mansfield Magistrates Court, on Tuesday, August 6.

"You have got to behave yourself," the presiding magistrate told him.

His licence was endorsed with 10 points and he was fined £430 with a £172 surcharge and £85 costs.