‘I’m not taking a breath test until I’ve had a wee...’

SUSPECTED DRINK-DRIVER REFUSED TO GIVE SAMPLE BECAUSE HE NEEDED LOO

A SUSPECTED drink-driver refused to give a breath sample – because he was desperate for the loo.

Police pulled over Nikki Kolbaba’s BMW in Huddersfield town centre.

He tested positive for driving under the influence at the roadside but demanded to relieve himself before complying with further tests at the police station.

Refusing to give samples of breath, the 36-year-old told officers: “Not until I’ve had a wee.”

His solicitor said he was suffering from post-traumatic stress disorder at the time, triggered by a violent offender brought into the Castlegate premises.

Kolbaba pleaded guilty on the day of his trial to failing to provide a specimen for analysis.

His BMW caught the attention of police on Queensgate, Huddersfield, at 11pm on September 7.

They followed him onto

Albert Street where he stopped.

The officers noticed that his eyes were red and glazed, his speech was slurred and he smelt of intoxicants.

He blew 59 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35 microgrammes.

Kolbaba was arrested and taken to Huddersfield Police Station. Two minutes into the intoxilyzer procedure he told the officer he needed to go to the toilet.

He agreed but Kolbaba said he couldn’t go with a PC there because he felt uncomfortable.

Bill Astin, prosecuting, said: “He was taken back to the custody suite and asked to give samples of breath but refused, stating: ‘Not until I’ve had a wee.’

“He was warned and said the same again: ‘Not until I’ve had a wee and seen my solicitor.’”

Magistrates were told that Kolbaba had a previous conviction for drink-driving from August 2010.

Carl Kingsley, mitigating, said that his client had battled PTSD since being the victim of a serious assault in 2015.

He told Kirklees magistrates: