Driver who refused a test had ‘drunk bottle of vodka’

Police who stopped a man in a Sunderland street were told he had downed over a bottle of vodka after he refused to provide a breath test.

James Murphy ,29, of Premier Road, Plains Farm, made the surprise admission while standing in his home street on Thursday, April 9.

But he denied he had been the driver of a vehicle police had been alerted to outside a Sunderland shop.

His rebuttal of the allegation led him to refuse to take breath tests by the roadside and in the police custody suite.

Magistrates in South Tyneside heard Murphy was banned from the roads for 18 months for careless driving a week after his latest crime.

They have now handed him another one-year disqualification, to run alongside his existing ban – and given him fines and court costs of over £600.

Prosecutor Clare Irving said: “Police were alerted to a vehicle being driven in Durham Road on its rim and which shouldn’t have been being driven.

“Officers were on the lookout for that vehicle at about 10.30pm, and it was seen at some shops in Premier Road.

“Three males were standing next to it, the defendant being one of them. They walked away but all three were stopped.

“Two were under the influence, including him. He was evasive and aggressive and told the others not to say anything. He said that he’d had over a bottle of vodka and was alcohol dependent.

“At the station the police tried to do a CAMIC procedure, but he refused to come out of his cell.

“He refused to provide a breath of alcohol. He’s no stranger to the courts. He has 46 previous offences from 23 convictions.”

Jason Smith, defending Murphy, who pleaded guilty to failing to provide, said: “James is currently working in London and is doing very well.

“He understands he refused to give a sample, even though he emphatically denies being the driver that night.

“He told the police that he wasn’t the driver and the other guy with him seems to say that he had been the driver.”

Murphy was fined £500 and must pay £85 court costs and a £50 victim surcharge.