A SUSPECTED drink driver asked to provide a police station breath test was ‘considering his options’, a court heard.
Burnley magistrates were told how door security operative Albert Brian Buckley, 38, had given a positive roadside test after he was stopped in Hammerton Street, Burnley, in the early hours.
He then provided partial tests at the police station, which showed 52 to 63 micrograms of alcohol in 100 millilitres of breath, the legal limit is 35.
But, prosecutor Alex Mann said, he was asking questions and ‘appeared to be considering whether it was going to be in his best interests to provide a sample or not’.
Buckley, of Ballantrae Road, Blackburn, admitted failing to provide a specimen for analysis, on December 30.
He has a similar previous conviction. Buckley was banned for three years and was fined £130, with £85 costs and a £25 victim surcharge.
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