A motorist who declined to provide breath samples following a police pursuit along the M5 has received a suspended prison sentence and three-year driving ban at Newcastle Magistrates’ Court.
Stuart Kent, 45, from Benfieldside in Durham, was sentenced on Tuesday 27 January after pleading guilty to driving without due care and attention, failing to cooperate with a preliminary test and failing to provide a specimen for analysis.
The court imposed a 16-week custodial sentence suspended for 18 months, a 36-month driving disqualification, 200 hours unpaid work, a £154 victim surcharge and £85 court costs. Kent’s ban can be reduced by 36 weeks upon successful completion of a driving course.
Officers deployed pre-emptive tactics and a stinger device to stop Kent’s Vauxhall Vivaro panel van near Taunton Deane Motorway Services on the evening of 30 November following reports of erratic driving.
Police had received information about a vehicle travelling southbound from Avonmouth around 8:55pm that was unable to maintain a straight line, swerving between lanes, travelling dangerously close to other vehicles and narrowly avoiding multiple collisions.
When officers intercepted the van, they observed Kent appearing to stumble as he exited the vehicle. An officer asked: “Having trouble standing up a little bit, are we?” Kent smelled strongly of alcohol according to police reports, with empty cider bottles discovered inside the van.
Kent refused to provide a roadside breath sample whilst seated in the back of a patrol car and was subsequently arrested. He was transported to Bridgwater custody unit where he again declined to provide a breath specimen for analysis without offering medical justification.
When asked to provide the sample, Kent responded: “I’m damned if I do, and damned if I don’t.”
He entered guilty pleas at Taunton Magistrates’ Court on 15 December and received an interim driving ban pending sentencing at the later Newcastle hearing.
PC Mike Chapman, the investigating officer, described the case as “appalling” and noted Kent had made a conscious decision to drive whilst under the influence of alcohol over a significant distance. He welcomed the sentence, stating Kent would no longer be able to endanger himself or others through careless actions.
The officer emphasized that failing to provide a sample constitutes an offence as serious as drink driving itself, warning motorists they will face charges for refusal.
Kent will remain subject to the suspended sentence conditions for 18 months, during which any further offending could result in activation of the custodial term. He must complete the unpaid work requirement and cannot legally drive until his disqualification period expires, subject to any reduction achieved through course completion.
