A FORMER member of the Armed Forces acted in an ‘aggressive manner’ towards a police officer after failing to provide a specimen for analysis for a suspected drink driving offence, a court heard.
South Cumbria Magistrates’ Court heard Andrew Robinson, of Mill Bank in Barrow, came to the police’s attention at 3pm on June 15 this year after a member of the public called 999 as they had reason to believe a male had been driving over the legal limit on Ainslie Street, Barrow.
Lee Dacre, prosecuting, said PC Reynolds asked the 52-year-old defendant to conduct a specimen of breath for analysis when he attended his home address.
The court was told Robinson told the officer he had only started drinking since he had returned to his property.
Mr Dacre explained the defendant then grappled with PC Reynolds in an aggressive manner and tensed up as if he was going to strike the officer after he refused to conduct the test.
The court heard the officer eventually managed to apprehend the defendant by placing one handcuff on his wrist.
The court was told Robinson had two similar previous convictions for drink driving.
Defence solicitor Andy Gallagher said his client reacted aggressively as the officer had applied the handcuff too tightly.
In mitigation, Mr Gallagher said: “He had to attend hospital because he had suffered damage to the tendons in his wrist.
“He accepts he should have given the sample to the police. He does not know why he did not do so at the time.
“These two offences have been a trigger for him to assess his life and his relationship with alcohol. His drinking first started when he was in the army.
“He is now engaging with Recovery Steps who have deemed him suitable for a detox programme.”
“This is a serious matter. He knows he is at risk of a custodial sentence, but I ask you to draw back from that today.”
Magistrates said they were pleased with the progress being made and as a result imposed a 12-month community order as they believed the defendant had a ‘realistic prospect of rehabilitation’.
As part of the order, Robinson is required to complete 15 rehabilitation requirement days and a 16-week curfew between the hours of 4pm – 6am.
He was also disqualified from driving for 36 months and ordered to pay a £114 surcharge and £85 in costs.
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