A MAN suspected of drink driving blew into a machine five times but failed to provide a specimen of breath for analysis, a court heard.

Chairman of the magistrates bench Kevin Lloyd-Wright told Jonathan Smith they suspected the "high level of impairment" was a potential reason he failed to blow properly and provide a reading. 

The 44-year-old, of Bank Street, Malvern and formerly of Lowesmoor, Worcester, appeared at Worcester Magistrates Court on Thursday, (April 20). 

Owen Beale, prosecuting, said at 3.20am on April 1 Smith came to the police's attention in Barnard's Green Road, Malvern, as he was driving without his lights on.

Malvern Gazette: CASE: Jonathan Smith leaving Worcester Magistrates CourtCASE: Jonathan Smith leaving Worcester Magistrates Court (Image: Sam Greenway/Newsquest)

The prosecutor said, after he was stopped, police found: "He was disorientated, unsteady on his feet and smelt of alcohol. 

"At the police station he tried on five different occasions - he didn't blow into the machine properly."

Mr Beale added Smith had no relevant previous convictions. 


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Smith, who admitted a charge of failing to provide a specimen for analysis, defended himself during the hearing.

He told the court the reason police saw him in a state was because before getting in the car he had learned of a friend's death. 

"Hence I was emotional," Smith said. 

"As far as I was aware I wasn't drunk."

Malvern Gazette: COURT: Jonathan Smith appeared at Worcester Magistrates CourtCOURT: Jonathan Smith appeared at Worcester Magistrates Court

When asked about failing to blow properly into the machine by the chairman, the defendant replied: "I don't understand that. 

"I blew five times. 

"As far as I was aware I was doing exactly what they (the police) were telling me to do.

"I have never been in this position before."

Smith told the court he ran his own garden business and was on the verge of having a test to become a lorry driver. 

After deliberations, the chairman of the bench said: "We don't believe there was a deliberate refusal. 

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"We do believe there was a high level of impairment, which could be one of the reasons you could not breathe into the machine."

Smith was disqualified from driving for 18 months and warned, if he drove on a public road at any point in that period, he risked being sent to custody. 

Smith was offered the chance to take the drink-drive awareness course which, if he he successfully completes, will reduce the ban period by 18 weeks. 

Smith was ordered to pay court costs of £135 and victim surcharge of £114. 

Smith's offer to pay the total amount, £249, at a rate of £20 a month was accepted by the magistrates.