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Man failed to give breath specimen

By The Cornishman  |  Posted: October 24, 2013

A MAN who a police officer saw stumbling about and heard him speak in a slurred voice at a petrol filling station at Hayle refused to take a breath test because he said he did not feel drunk.

Kenneth Nicholls, 55, of no fixed address, pleaded guilty at Truro Magistrates' Court to failing to provide a specimen of breath for analysis at Camborne on October 19.

Gail Hawkley, for the prosecution, said Nicholls had been seen at the Hayle Service Station at Loggans where he filled up his camper van and paid the bill.

The officer, who had seen him walking unsteadily, spoke to him and was concerned about him although he did not smell of drink.

Nicholls told him he was deaf and then became aggressive and angry, refusing to provide a breath sample.

Elliott Moore, for the defence, said Nicholls had told him he felt it had not been worth taking the test because he did not feel drunk.

He had not worked since he was seriously injured in a motorcycle accident in 1990.

Community psychiatric nurse Bill Trotter said he had found Nicholls unforthcoming, and someone who felt seriously at danger from some members of the police.

Nicholls was fined £95 with £105 costs and surcharge and banned from driving for a year.

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